(1) Claims for entitlement to benefits under ORS 655.505 to 655.555 shall be filed by application with the Oregon Department of Administrative Services as provided by rules adopted by the department, to the extent not inconsistent with ORS 655.505 to 655.555. Such claims shall be filed within the required periods after the injury even though actual benefits may not accrue until release of the adult in custody from confinement. The department may, before acting upon a claim, require further information for determination of eligibility under ORS 655.505 to 655.555. (2) When a claim is approved, the department shall make an initial estimate of award conditioned as provided in ORS 655.515. Upon release of the adult in custody from confinement, the adult in custody shall apply for an award and the department shall reaffirm or modify its initial award in a manner appropriate to the condition of the adult in custody upon release. (3) The rights to benefits under ORS 655.505 to 655.555 shall be barred unless written claim is filed with the department within 90 days after the injury, or if death results therefrom, within 90 days after death. However, if death occurs more than one year after the injury, the right shall be barred unless prior written claim based on the injury has been timely filed. The adult in custody must make written application for an award no later than 180 days following the release of the adult in custody from confinement. The requirements of this subsection may be waived by the department on the ground that, for good and sufficient reason, the claim could not be filed on time.
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