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RILEY v. INMATE INJURY FUND

90-08078; CA A70657.

829 P.2d 1043 (1992)

112 Or. App. 423

In the Matter of the Compensation of Kenneth G. Riley, Claimant. Kenneth G. RILEY, Petitioner, v. INMATE INJURY FUND and Oregon State Penitentiary, Respondents.

Court of Appeals of Oregon.

Decided April 22, 1992.

Attorney(s) appearing for the Case

Donald E. Beer, Portland, argued the cause for petitioner. With him on the brief was Popick & Merkel, Portland.

Julie K. Bolt, Sp. Asst. Atty. Gen., Salem, argued the cause for respondents. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Claimant, an injured prison inmate, seeks review of an order of the Workers' Compensation Board holding that he is not entitled to payment of medical expenses from the Inmate Injury Fund (Fund) related to his compensable injury while he was on temporary leave from the Oregon State Penitentiary (OSP). We conclude that Fund's policy not to pay such claims conflicts with the controlling statute and reverse.

On May 26, 1987, claimant...

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