Dept. of Justice v. Spear

The issue is whether the Inmate Injury Act, ORS 655.505 et seq, incorporates the attorney fees provisions of the Workers’ Compensation Law, ORS chapter 656. The Department of Justice, which administers the Inmate Injury Fund, contends that it does not. The Court of Appeals held that it does. Dept. of Justice v. Spear, 94 Or App 677, 767 P2d 928 (1989). We affirm.

Claimant is an inmate at the Oregon State Penitentiary. While employed there, he was assaulted and injured by another inmate. When he filed a claim for benefits, the Department of Justice denied his claim on the ground that his injury…