(a) The damage to property arises out of the claimant’s employment at one of the institutions or facilities operated by the agencies, or the school operated by the Superintendent of Public Instruction under ORS 346.010; and
(b) The employee files a written claim with the employee’s employer within 180 days after the employee discovers or should have discovered the damage.
(2) No claim under subsection (1) of this section shall be paid:
(a) That exceeds, in the aggregate with payments of other claims, the moneys appropriated for such purpose.
(b) To the extent that the person incurring damage has been or may be compensated by liability insurance or otherwise.
(c) If the agencies or the Superintendent of Public Instruction determines the cause or occasion of the accident resulting in damage is chargeable to the conduct or negligence of the party damaged. [1965 c.476 §§2,3; 1967 c.454 §89; 1969 c.597 §29; 1971 c.301 §15; 1987 c.320 §116; 1995 c.452 §1; 2007 c.858 §57; 2009 c.562 §14; 2009 c.595 §127]