(1) An emergency service worker may apply for and may receive benefits as provided in ORS 401.355 to 401.465 for injury sustained in emergency service performed within or without the state:
(a) Where the injury is proximately caused by or in the course of emergency service, with or without negligence of the emergency service worker.
(b) Where the injury is not caused by the voluntary intoxication of the emergency service worker.
(c) Where the injury is not intentionally self-inflicted.
(2) No emergency service worker or beneficiary is eligible for benefits under ORS 401.355 to 401.465:
(a) If the emergency service worker is entitled to receive benefits under the workers’ compensation laws of this state or similar statutes in other states or under any disability, retirement or liability insurance program of the worker’s regular employer who has contributed to the cost thereof, or under any federal or local program for compensation of injuries of public employees, in those cases where the injury is compensable because it arose out of and in the course of emergency service duties performed as part of the regular employment of the emergency service worker.
(b) If the emergency service worker is a member of a federal emergency management or emergency service agency or an emergency management or emergency service agency of another state or foreign nation who is performing emergency services in this state. [Formerly 401.200]
Section: Previous 401.337 401.340 401.343 401.345 401.347 401.350 401.353 401.355 401.360 401.365 401.370 401.375 401.380 401.385 401.395 NextLast modified: August 7, 2008