2011 Oregon Revised Statutes
ORS Volume 10, Chapters 366 - 430
ORS Chapter 396
396.366 Payments to members of Oregon National Guard who develop cancer; rules.
(1) The Oregon Military Department may make payments to members of the Oregon National Guard who develop cancer as a result of exposure to hexavalent chromium while serving in Iraq in 2003. The purposes for which the payments may be made to eligible members of the Oregon National Guard include, but are not limited to, assistance with medical needs not covered by the United States Department of Veterans Affairs, assistance with nonmedical needs or compensation for lost wages.
(2) The Oregon Military Department shall adopt rules setting procedures for determining:
(a) An individual s eligibility to receive payments; and
(b) The amounts and number of payments an eligible individual may receive.
(3) If the Oregon Military Department makes a payment under subsection (1) of this section, the department is subrogated, to the extent of the payment, to the rights of the recipient of the payment against any person or other entity that is liable for the exposure to hexavalent chromium that led to the payment made under subsection (1) of this section. The department may commence an appropriate action in any court, in the name of the state, to enforce the rights.
(4) The Oregon Military Department may not pay any expenses of administering this section out of moneys appropriated to the department for purposes of making payments under this section. [2009 c.870 1]
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