reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0061 - Board Review of Voluntary Reopening of an Own Motion Claim

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a dispute
			 arises out of a voluntary reopening of a claim under ORS
			 656.278(5), a
			 party may file a written request for Board review, with copies to the other
			 party.
(2) Within 14 days after
			 notification from the Board that a review has been requested, the insurer shall
			 submit to the Board and to the claimant or the claimant's attorney, if any,
			 legible copies of all evidence which pertains to the claimant's compensable
			 condition at the time of the voluntary reopening. The insurer may also submit
			 written arguments at this time, with copies to the claimant or the claimant's
			 attorney, if any.
(3) The claimant
			 may submit additional evidence and written argument to the Board, with copies
			 to the insurer or its attorney, if any. To be considered, such evidence and
			 argument must be submitted within 21 days from the date the insurer mails the
			 evidence and argument pursuant to section (2) of this rule.
(4) The Board may refer a matter to the
			 Hearings Division for an evidentiary hearing and recommended findings of fact
			 and conclusions.
(5) The Board
			 shall issue its order within a reasonable time after receipt of all evidence
			 and argument from the parties and any recommendations from the Hearings
			 Division.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.278(1), ORS
				  656.278(5)
				  & ORS 656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0062 - Referral of Request for Enforcement of Board's Own Motion Order to Hearings Division

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board may refer a request to enforce an Own Motion order to the Hearings
			 Division for an evidentiary hearing and recommended findings of fact and
			 conclusions.
(2) The Board shall
			 issue its order within a reasonable time after receipt of all evidence and
			 argument from the parties and any recommendations from the Hearings
			 Division.
Stat. Auth.: ORS
				  654.025(2)
				  & 656.726(5)
Stats. Implemented:ORS
				  656.278(1)
				  & 656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0065 - Reconsideration of Own Motion Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All final orders issued by the Board under the provisions of ORS
			 656.278 shall set forth the
			 parties, the request for relief, the Board's decision and shall advise all
			 parties of appeal rights.
(2) A
			 motion for reconsideration of a final order issued by the Board under the
			 provisions of ORS 656.278 shall be filed within 30
			 days after the date of mailing of the order, or within 60 days after the
			 mailing date if the party requesting reconsideration establishes good cause for
			 the failure to file the request within 30 days after the mailing
			 date.
(3) Notwithstanding section
			 (2) of this rule, in extraordinary circumstances the Board may, on its Own
			 Motion, reconsider any prior Board order.
Stat. Auth.: ORS
				  654.025(2)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  656.278(1), ORS
				  656.278(3)
				  & ORS 656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 12 - BOARD'S OWN MOTION JURISDICTION › Section 438-012-0110 - Penalty for Unreasonable Failure to Comply or Untimely Compliance with Board Own Motion Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Failure to
			 comply with the Board's Own Motion rules by the insurer, if found unreasonable
			 or unjustified, may result in the imposition of penalties and attorney fees
			 pursuant to ORS 656.262(11) and
			 OAR 438-015-0110, exclusion of evidence, and/or referral for a fact-finding
			 hearing.
(2) Failure to comply with
			 the Board's Own Motion rules by the claimant, if found unreasonable or
			 unjustified, may result in the exclusion of evidence, referral for a
			 fact-finding hearing, and/or dismissal of the request for benefits.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented.: ORS
				  656.267(1)(3),
				  656.278(1)(b)
				  & 656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 13 - EXPEDITED CLAIMS SERVICE › Section 438-013-0005 - Expedited Claims Service Established

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to the mandate of 1987 Oregon Laws, Chapter 884,
				Section 18, there is established within the Hearings Division the Expedited
				Claims Service. The purpose of the Expedited Claims Service is to provide for
				prompt, informal dispute resolution and to insure fair and just treatment of
				workers in all proceedings.
Stat. Auth.: ORS
				  656.291
Stats. Implemented: ORS
				  656.291
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 13 - EXPEDITED CLAIMS SERVICE › Section 438-013-0010 - Referral of Request for Hearing to Expedited Claim Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request for
			 hearing shall be referred to the Expedited Claims Service if:
(a) The request does not involve the
			 compensability of or responsibility for a claim, and the total amount in
			 controversy, exclusive of penalties and/or related attorney fees, is $1,000 or
			 less;
(b) The only issue in the
			 case is entitlement to penalties and/or related attorney fees; or
(c) The request is for an expedited hearing
			 to appeal a denial under ORS
			 656.262(15) for
			 a worker's failure to cooperate in a claim investigation.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 13 - EXPEDITED CLAIMS SERVICE › Section 438-013-0015 - Determination of Amount in Controversy

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of referral to the Expedited Claims Service,
				the total amount in controversy shall be presumed to be $1,000 or less if the
				party requesting the hearing so states on a form prescribed by the Board or in
				the request for hearing.
Stat. Auth.: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.291(3)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 13 - EXPEDITED CLAIMS SERVICE › Section 438-013-0020 - Representation of Parties in Expedited Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claimant need not be represented by any
			 other person in proceedings before the Expedited Claims Service.
(2) A claimant may be represented by an
			 attorney or by an individual who is not an attorney in proceedings before the
			 Expedited Claims Service.
(3)
			 Notwithstanding OAR 438-006-0100, an insurer, self-insured employer or claim
			 processing agent for an insurer or self-insured employer may be represented by
			 an authorized claims representative at any proceeding under the Expedited
			 Claims Service.
Stat. Auth.: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.291(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 13 - EXPEDITED CLAIMS SERVICE › Section 438-013-0025 - Notice of Hearing Date

Current through Register Vol. 63, No. 7, July 1, 2024
The Hearings Division shall distribute a notice of hearing date
				to all parties and to all other individuals who represent the parties. The
				hearing shall be scheduled for a date that is not less than 15 days from the
				distribution of the notice of hearing nor more than 30 days from the date of
				receipt of the request for hearing by the Hearings Division.
Stat. Auth.: ORS
				  656.307,
				  656.388,
				  656.593 &
				  656.726(5)
Stats. Implemented: ORS
				  656.291
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 13 - EXPEDITED CLAIMS SERVICE › Section 438-013-0030 - Hearings in Expedited Claims; Informal Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 438-007-0018  does not apply to the Expedited Claim Service. The insurer's
			 representative shall bring all medical and vocational reports, records of
			 compensation paid, and all other documents pertaining to the claim to the
			 hearing. The Administrative Law Judge shall, before convening the hearing,
			 determine whether the case may be resolved informally or decided on agreed
			 facts.
(2) If the case can be
			 decided on agreed facts, the agreement of the facts shall be stated on the oral
			 record. No testimony shall be taken and the record shall be closed upon oral
			 argument, if any, on behalf of the parties.
(3) If the case cannot be decided on agreed
			 facts, the Administrative Law Judge shall so state on the oral record of the
			 hearing or in the order. The Administrative Law Judge shall admit into evidence
			 those documents furnished by the insurer that are relevant to a determination
			 of the dispute, along with any other relevant documents offered by the
			 claimant.
(4) It is the intent of
			 the Board in adopting these rules that all cases under the Expedited Claim
			 Service be heard and decided quickly and fairly. Administrative Law Judges
			 shall take an active role in the hearing.
(5) Unless more time is allowed in advance
			 after a showing of good cause, no hearing under the expedited Claims Service
			 shall be scheduled to exceed one hour in duration.
Stat. Auth.: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.291(4)(6)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 13 - EXPEDITED CLAIMS SERVICE › Section 438-013-0035 - Postponements and Continuances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A hearing
			 under the Expedited Claims Service shall not be postponed except upon a showing
			 of extraordinary circumstances beyond the control of the party requesting the
			 postponement. "Extraordinary circumstances" shall be as defined in OAR
			 438-006-0081  except that unavailability of an individual who represents an
			 insurer shall not be a reason to postpone a hearing under any circumstances and
			 unavailability of an individual who represents a claimant shall not be a reason
			 to postpone a hearing under the Expedited Claims Service unless the
			 Administrative Law Judge finds that the claimant is physically or mentally
			 incapable of representing themself at the hearing.
(2) A hearing under the Expedited Claims
			 Service may be continued for further proceedings only if the Administrative Law
			 Judge finds and states on the oral record that a continuance is required to
			 achieve substantial justice.
Statutory/Other Authority: ORS 656.307, 656.388, 656.593  & 656.726(4)
Statutes/Other Implemented: ORS 656.291(3)(b) &
				  656.291(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 13 - EXPEDITED CLAIMS SERVICE › Section 438-013-0040 - Order of Administrative Law Judge; Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Administrative Law Judge shall issue
			 an order deciding the case not later than ten days after the closing of the
			 record. The order may adopt by reference findings and conclusions stated on the
			 oral record.
(2) The Administrative
			 Law Judge's order shall include a notice of rights of review by the Workers'
			 Compensation Board under the provisions of ORS
			 656.295.
Stat. Auth.: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.291(3)(b)
				  & ORS 656.291(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0003 - Authority for Adoption

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are adopted pursuant to ORS
				656.236,
				656.388 and
				656.593, under the general
				rulemaking authority of the Board pursuant to ORS
				656.726(5).
Stat. Auth.: ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.236(4), ORS
				  656.388(3), ORS
				  656.593(1)(a)
				  & ORS 656.726(4)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions set forth in OAR 438-005-0040:
(1) "Approved fee" means an attorney
			 fee paid out of a claimant's compensation.
(2) "Assessed fee" means an attorney fee paid
			 to a claimant's attorney by an insurer or self-insured employer in addition to
			 compensation paid to a claimant.
(3) "Attorney" means a member of the Oregon
			 State Bar.
(4) "Attorney fee"
			 means payment for legal services performed on behalf and at the request of a
			 claimant under ORS Chapter 656.
(5) "Compensation" means all benefits,
			 including medical services, provided for a compensable injury to a subject
			 worker or the beneficiaries of a subject worker pursuant to ORS Chapter 656.
(6) "Cost bill" means an itemized
			 statement from the claimant of the amount of expenses and costs for records,
			 expert opinions, and witness fees incurred as a result of the litigation
			 involving a claim denial under ORS
			 656.386(1).
(7) "Denied claim" means a claim
			 for compensation which an insurer or self-insured employer refuses to pay on
			 the express ground that the injury or condition for which compensation is
			 claimed is not compensable or otherwise does not give rise to an entitlement to
			 any compensation or a claim under ORS
			 656.386(1)(b)(B), (C) or
			 (D) to which the insurer or self-insured
			 employer does not timely respond.
(8) "Expenses and costs" reimbursable under
			 ORS 656.386(2) mean
			 reasonable expenses and costs incurred by the claimant for things and services
			 reasonably necessary to pursue a matter, but do not include attorney fees.
			 Examples of expenses and costs referred to include, but are not limited to,
			 costs of records, expert witness opinions, witness fees and mileage paid to
			 execute a subpoena and costs associated with travel.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.308,
				  656.382,
				  656.386,
				  656.388,
				  656.726(5)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0010 - General Principles

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Attorney fees for an attorney representing a claimant before the Board or its
			 Hearings Division shall be authorized only if an executed attorney retainer
			 agreement has been filed with the Administrative Law Judge or Board.
(2) Attorney fees for an attorney
			 representing a claimant shall be paid out of the claimant's compensation award
			 except as provided by ORS
			 656.262(11)(a),
			 ORS
			 656.307,
			 656.382,
			 656.383 and
			 656.386.
(3) An approved fee awarded or allowed to an
			 attorney representing a claimant shall be a lien upon the claimant's
			 compensation.
(4) In any case where
			 an Administrative Law Judge or the Board is required to determine a reasonable
			 attorney fee, the following factors shall be considered:
(a) The time devoted to the case for legal
			 services;
(b) The complexity of the
			 issue(s) involved;
(c) The value of
			 the interest involved;
(d) The
			 skill of the attorneys;
(e) The
			 nature of the proceedings;
(f) The
			 benefit secured for the represented party;
(g) The necessity of allowing the broadest
			 access to attorneys by injured workers;
(h) The fees earned by attorneys representing
			 the insurer/self-insured employer, as compiled in the Director's annual report
			 under ORS
			 656.388(7)
			 of attorney salaries and other costs of legal services incurred by
			 insurers/self-insured employers pursuant to ORS Chapter 656;
(i) The risk in a particular case that an
			 attorney's efforts may go uncompensated and;
(j) The contingent nature of the practice of
			 workers' compensation law; and
(k)
			 The assertion of frivolous issues or defenses.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0011 - Attorney Retainer Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided in subsection (2), every executed attorney retainer
			 agreement filed with the Administrative Law Judge or Board shall be in
			 English.
(2) Any English language
			 attorney retainer agreement filed with the Administrative Law Judge or Board
			 may be accompanied by a translation into a foreign language that is certified
			 by the translator to be an accurate and true translation of the English
			 writing. Either the English or the foreign language writing must be
			 signed.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.388(3)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0015 - Charge for Legal Services Must Be Authorized

Current through Register Vol. 63, No. 7, July 1, 2024
No charge for legal services for representation of claimants in
				connection with any matter concerning a claim before the Board or its Hearings
				Division under ORS Chapter 656 is valid unless the charge has been authorized
				in accordance with ORS
				656.262(11)(a),
				656.307,
				656.308(2)(d),
				656.382 to
				656.390 or
				656.593 or these
				rules.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.388(1)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0019 - Cost Bill Procedures; Assessed Attorney Fees When the Claimant Prevails in a Cost Bill Dispute

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a claimant
			 finally prevails against a denial under ORS 656.386(1), the Administrative Law
			 Judge or the Board may order payment of the claimant's reasonable expenses and
			 costs for records, expert opinions, and witness fees incurred in the litigation
			 of the denied claim(s).
(2) In
			 ordering payment under section (1), an Administrative Law Judge or the Board
			 may award reasonable expenses and costs that the claimant incurred as a result
			 of the litigation of the denied claim(s) under ORS 656.386(1). If the parties
			 stipulate to the specific amount of the reasonable expenses and costs, the
			 Administrative Law Judge's or the Board's award of expenses and costs shall be
			 included in the order finding that the claimant finally prevails against a
			 denied claim(s) under 656.386(1). In the absence of the parties' stipulation,
			 the Administrative Law Judge or the Board may award reasonable expenses and
			 costs as described in section (1), which the claimant may claim by submitting a
			 cost bill under section (3) to the insurer or the self-insured employer, not to
			 exceed $1,500, unless the claimant demonstrates extraordinary circumstances
			 justifying payment of a greater amount.
(3) If an order under section (2) does not
			 specify the amount of a reasonable award for expenses and costs, the claimant
			 shall submit, within 30 days after the order under section (2) becomes final, a
			 cost bill to the insurer or self-insured employer. The cost bill, which may be
			 submitted on a form prescribed by the Board, shall contain, but is not limited
			 to, the following information:
(a) An
			 itemization of the incurred expenses and costs for records, expert opinions,
			 and witness fees that are due to the denied claim(s); and
(b) The claimant's signature confirming that
			 the claimed expenses and costs were incurred in the litigation of the denied
			 claim(s).
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0022 - Attorney Fee Lien Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If a former attorney of a claimant alleges that the former attorney has been
			 instrumental in obtaining additional compensation or in settling a claim, the
			 former attorney may provide a notice of potential attorney fee lien to the
			 insurer or the self-insured employer. Copies of such a notice shall also be
			 simultaneously provided to the claimant and to the appropriate litigation
			 forum, if there is a pending case before the Hearings Division or the
			 Board.
(2) The notice of potential
			 attorney fee lien shall include, but is not limited to, the following
			 information:
(a) A description of the former
			 attorney's services that support the allegation that the attorney was
			 instrumental in obtaining additional compensation or in settling the claimant's
			 claim;
(b) The amount of the
			 potential claim;
(c) The amount of
			 the potential attorney fee lien; and
(d) A copy of an executed retainer agreement
			 between the claimant and the former attorney.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0025 - Maximum Attorney Fees Out of Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
Except in situations where a claimant's attorney fee is an
				assessed fee, in settlement of disputed claims or claim disposition agreements
				and in cases under the third-party law, unless there is a finding in a
				particular case by an Administrative Law Judge or the Board that extraordinary
				circumstances justify a higher fee, the established fees for attorneys
				representing claimants are as set forth in OAR
				438-015-0040,
				438-015-0055(2),
				(3), and
				438-015-0080.
Stat. Auth.: ORS 656.726(5)
Stats. Implemented: ORS 656.236(4), 656.289(4), 656.307,
				  656.308(2), 656.382, 656.386, 656.388(3),
				  656.593(1)(a)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0029 - Request at Board Review Level for Assessed Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On Board review of an Administrative Law
			 Judge's order, to assist the Board in determining the amount of a reasonable
			 assessed fee for services at the hearing level and/or for services on Board
			 review, a claimant's attorney may file a request for a specific fee, which the
			 attorney believes to be reasonable.
(2) The request shall be considered by the
			 Board if:
(a) The request is filed no later
			 than 14 days from the date of filing of the last appellate brief under OAR
			 438-011-0020;
(b) The request
			 describes in detail the manner in which the factors set forth in OAR
			 438-015-0010(4)  specifically apply to the case, as well as any other
			 information deemed relevant; and
(c) A copy of the request is simultaneously
			 served upon the attorneys who appeared at hearing and on Board review in the
			 manner provided in OAR 438-005-0046(2)(a)  and proof of such service is provided
			 in accordance with 438-005-0046(2)(b).
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0030 - Attorney Fees When There is No Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
If an attorney is instrumental in obtaining compensation for a
				claimant without a hearing before an Administrative Law Judge, a reasonable
				attorney fee may be approved or assessed. The amount of the fee shall be
				determined by an Administrative Law Judge or by agreement of the
				parties.
Stat. Auth.: ORS
				  654.025(2)
				  & ORS 656.726(4)
Stats. Implemented: ORS
				  656.386(1)(2)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0033 - Attorney Fee Award Under ORS 656.262(14)(a)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with ORS 656.262(14)(a), a
			 reasonable hourly rate for an attorney's actual time spent during a personal or
			 telephonic interview or deposition conducted under that statute is
			 $275.
(2) If the claimant is
			 represented by an attorney, the insurer or self-insured employer shall pay a
			 reasonable attorney fee award, which is based upon the hourly rate prescribed
			 in section (1) multiplied by the actual time spent by the attorney during the
			 personal or telephonic interview or deposition conducted under ORS
			 656.262(14)(a).
(3) To obtain the
			 attorney fee described in section (2), the claimant's attorney shall submit a
			 bill to the insurer or self-insured employer within 30 days of completion of
			 the personal or telephonic interview or deposition. The bill, which may be
			 submitted on a form prescribed by the Board, shall contain, but is not limited
			 to, the following information:
(a) An
			 itemization of the actual time spent by the claimant's attorney during the
			 personal or telephonic interview or deposition;
(b) The claimant's attorney's signature
			 confirming that the claimed time was actually spent during the personal or
			 telephonic interview or deposition conducted under ORS 656.262(14)(a);
			 and
(c) A copy of the executed
			 retainer agreement, unless previously provided.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0035 - Attorney Fees When a Claimant Requests a Hearing on a Denied Claim

Current through Register Vol. 63, No. 7, July 1, 2024
If the Administrative Law Judge orders the acceptance of a
				previously denied claim, the Administrative Law Judge shall award a reasonable
				assessed fee. This rule applies to denials under OAR
				438-015-0005(7).
Stat. Auth.: ORS
				  656.307,
				  656.388,
				  656.593 &
				  656.726(5)
Stats. Implemented: ORS
				  656.386(1)
				  & 656.388(3)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0038 - Attorney Fees When a Claimant Requests a Hearing on a Responsibility Denial

Current through Register Vol. 63, No. 7, July 1, 2024
If the claimant's attorney appears in any proceeding regarding
				a responsibility denial issued under ORS
				656.308(2), and
				actively and meaningfully participates, and finally prevails against that
				responsibility denial, the Administrative Law Judge shall award a reasonable
				assessed fee to be paid by the insurer or self-insured employer who issued the
				responsibility denial. Absent a showing of extraordinary circumstances, the
				assessed attorney fee shall not exceed $2,500. The maximum attorney fee awarded
				under this rule is subject to an annual adjustment on July 1 as calculated by
				the Workers' Compensation Division (on behalf of the Director) by the same
				percentage increase as made to the average weekly wage defined in ORS
				656.211, if any. Before July 1
				of each year, the Board, by bulletin, will publish the maximum fee, after
				adjusting the fee by the same percentage increase, if any, to the average
				weekly wage. Dollar amounts will be rounded to the nearest whole
				number.
Stat. Auth.: ORS
				  656.307,
				  656.388,
				  656.593 &
				  656.726(5)
Stats. Implemented: ORS
				  656.308(2),
				  656.386(1)
				  & 656.388(3)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0040 - Attorney Fees When a Claimant Requests a Hearing on Extent of Permanent Disability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Administrative Law Judge awards additional compensation for permanent partial
			 disability, the Administrative Law Judge shall approve a fee of 25 percent of
			 the increased compensation, to be paid out of the increased compensation.
(2) If the Administrative Law
			 Judge awards compensation for permanent total disability, the Administrative
			 Law Judge shall approve a fee of 25 percent of the increased compensation, but
			 not more than $20,000, to be paid out of the award for permanent total
			 disability.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.386(5),
				  656.388
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0045 - Attorney Fees When a Claimant Requests a Hearing on Extent of Temporary Disability

Current through Register Vol. 63, No. 7, July 1, 2024
If the Administrative Law Judge awards additional compensation
				for temporary disability benefits, the Administrative Law Judge shall award a
				reasonable assessed attorney fee.
Stat. Auth.: ORS 656.307, 656.388, 656.593 &
				  656.726(4)
Stats. Implemented: ORS 656.386(2) &
				  656.388(3)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0048 - Attorney Fees When a Claimant Requests a Hearing on a Claim Reclassification

Current through Register Vol. 63, No. 7, July 1, 2024
If a claimant requests a hearing regarding a claim
				reclassification order from the Workers' Compensation Division, and the
				Administrative Law Judge finally determines that the claim should be classified
				as disabling, the Administrative Law Judge may award a reasonable assessed
				fee.
Stat. Auth.: ORS 656.726(5)
Stats. Implemented: ORS
				  656.386(3)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0050 - Attorney Fees in Connection with Disputed Claim Settlements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a denied
			 and disputed claim is settled under the provisions of ORS
			 656.289(4) and
			 OAR 438-009-0010, an attorney fee may be approved by the Administrative Law
			 Judge or the Board in an amount up to 25 percent of the first $50,000 of the
			 settlement proceeds plus ten percent of any amount of the settlement proceeds
			 in excess of $50,000. Under extraordinary circumstances, a fee may be
			 authorized in excess of this calculation.
(2) When the settlement proceeds are to be
			 paid in more than one payment payable within a period of more than one year
			 from the date of approval, for purposes of approving an attorney fee under
			 section (1) of this rule, settlement proceeds shall be calculated based on the
			 "present value" of the total settlement proceeds. "Present value" may be
			 represented by the actual present value of the total settlement proceeds or the
			 purchase price of any annuity designed to fund payment of the total settlement
			 proceeds. The parties shall provide the Board with a written statement of the
			 "present value" of the total settlement proceeds.
Stat. Auth.: ORS
				  656.388(4)
				  & 656.726(5)
Stats. Implemented: ORS
				  656.289(4)
				  & 656.388
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0052 - Attorney Fees in Connection with Claim Disposition Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a claim
			 disposition agreement is approved under the provisions of ORS
			 656.236 and OAR 438-009-0020, an
			 attorney fee may be approved by the Board in an amount up to 25 percent of the
			 first $50,000 of the agreement proceeds plus ten percent of any amount of the
			 proceeds in excess of $50,000. Under extraordinary circumstances, a fee may be
			 authorized in excess of this calculation.
(2) When the agreement proceeds are to be
			 paid in more than one payment payable within a period of more than one year
			 from the date of approval, for purposes of approving an attorney fee under
			 section (1) of this rule, agreement proceeds shall be calculated based on the
			 "present value" of the total proceeds. "Present value" may be represented by
			 the actual present value of the total agreement proceeds or the purchase price
			 of any annuity designed to fund payment of the total agreement proceeds. The
			 parties shall provide the Board with a written statement of the "present value"
			 of the total agreement proceeds.
Stat. Auth.: ORS
				  656.388(4),
				  656.726(5)
Stats. Implemented: ORS
				  656.236(4),
				  656.388
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0055 - Attorney Fees When a Claimant Requests Review by the Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a claimant
			 requests review of an Administrative Law Judge's order on the issue of
			 compensation for temporary disability and the Board awards additional
			 compensation, the Board shall award a reasonable assessed attorney fee.
(2) If a claimant requests review
			 of an Administrative Law Judge's order on the issue of compensation for
			 permanent disability and the Board awards additional compensation, the Board
			 shall approve a fee of 25 percent of the increased compensation.
(3) If a claimant requests review of an
			 Administrative Law Judge's order on the issue of compensation for permanent
			 total disability and the Board awards additional compensation, the Board shall
			 approve a fee of 25 percent of the increased compensation, provided that the
			 total of fees approved by the Administrative Law Judge and the Board shall not
			 exceed $30,000.
(4) If a claimant
			 requests review of an Administrative Law Judge's order that upheld a denial of
			 compensability for a claim and the Board orders the claim accepted, the Board
			 shall assess a reasonable attorney fee to be paid by the insurer or
			 self-insured employer to the claimant's attorney.
(5) If a claimant requests review of an
			 Administrative Law Judge's order that upheld a responsibility denial issued
			 under ORS 656.308(2) and
			 the claimant's attorney actively and meaningfully participates in finally
			 prevailing against the responsibility denial, the Board shall award a
			 reasonable assessed fee to be paid by the insurer or self-insured employer who
			 issued the responsibility denial. Absent a showing of extraordinary
			 circumstances, the assessed attorney fee for prevailing over the responsibility
			 denial shall not exceed $2,500. The maximum attorney fee awarded under this
			 section is subject to an annual adjustment on July 1 as calculated by the
			 Workers' Compensation Division (on behalf of the Director) by the same
			 percentage increase as made to the average weekly wage defined in ORS
			 656.211, if any. Before July 1
			 of each year, the Board, by bulletin, will publish the maximum fee, after
			 adjusting the fee by the same percentage increase, if any, to the average
			 weekly wage. Dollar amounts will be rounded to the nearest whole number.
(6) If a claimant requests review
			 of an Administrative Law Judge's order regarding a claim reclassification order
			 from the Workers' Compensation Division, and the Board finally determines that
			 the claim should be classified as disabling, the Board may award a reasonable
			 assessed fee.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.308(2),
				  656.382, 656.383,
				  656.386,
				  656.388
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0065 - Attorney Fees When Insurer or Self-Insured Employer Requests a Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an insurer
			 or self-insured employer requests a hearing or otherwise seeks a reduction in
			 compensation and the Administrative Law Judge finds that all or part of the
			 compensation awarded to the claimant should not be disallowed or reduced, the
			 Administrative Law Judge shall award a reasonable assessed fee to the
			 claimant's attorney.
(2) If an
			 employer or insurer raises attorney fees, penalties or costs as a separate
			 issue in a request for hearing, and the Administrative Law Judge finds that the
			 attorney fees, penalties or costs awarded to the claimant should not be
			 disallowed or reduced, the Administrative Law Judge shall award reasonable
			 additional attorney fees to the attorney for the claimant for efforts in
			 defending the fee, penalty or costs.
(3) If an insurer or self-insured employer
			 requests a hearing regarding a reconsideration order rescinding a notice of
			 closure, and the Administrative Law Judge finds that the reconsideration order
			 should not be reversed, the Administrative Law Judge shall award a reasonable
			 assessed fee to the claimant's attorney.
(4) If an insurer or self-insured employer
			 requests a hearing regarding a reconsideration order, and the ALJ finds that
			 all or part of the compensation awarded by the reconsideration order issued
			 under ORS 656.268 should not be reduced or disallowed, the Administrative Law
			 Judge shall award a reasonable assessed fee to the claimant's
			 attorney.
(5) If an insurer or
			 self-insured employer requests a hearing regarding a claim reclassification
			 order from the Workers' Compensation Division, and the Administrative Law Judge
			 finally determines that the claim should be classified as disabling, the
			 Administrative Law Judge may award a reasonable assessed fee.
Stat. Auth.: ORS 656.726(5)
Stats. Implemented: ORS 656.382, 656.386,
				  656.388
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0070 - Attorney Fees When Insurer or Self-Insured Employer Requests or Cross-Requests Review by the Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an
			 insurer or self-insured employer requests or cross-requests review of the
			 Administrative Law Judge's order and the Board finds that all or part of the
			 compensation awarded to the claimant should not be disallowed or reduced, the
			 Board shall award a reasonable assessed fee to the claimant's
			 attorney.
(2) If an employer or
			 insurer raises attorney fees, penalties or costs as a separate issue in a
			 request for review, and the Board finds that the attorney fees, penalties or
			 costs awarded to the claimant should not be disallowed or reduced, the Board
			 shall award reasonable additional attorney fees to the attorney for the
			 claimant for efforts in defending the fee, penalty or costs.
(3)
(a) If
			 an insurer or self-insured employer requests or cross-requests review of the
			 Administrative Law Judge's order and the matter is briefed, but the insurer or
			 self-insured employer withdraws the appeal prior to a decision by the Board,
			 resulting in the claimant's prevailing in the matter, the Board shall award a
			 reasonable assessed fee for the claimant's attorney's efforts in briefing the
			 matter to the Board.
(b) A matter
			 is considered "briefed" when the insurer or self-insured employer has filed its
			 initial brief.
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0080 - Attorney Fees in Own Motion Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an attorney is instrumental in
			 obtaining increased temporary disability compensation, the Board shall approve
			 a fee of 25 percent of the increased compensation, to be paid out of the
			 increased compensation.
(2) If an
			 attorney is instrumental in obtaining a voluntary reopening of an Own Motion
			 claim that results in increased temporary disability compensation, the Board
			 shall approve a fee of 25 percent of the increased compensation, to be paid out
			 of the increased temporary disability compensation resulting from the voluntary
			 reopening.
(3) If the Board awards
			 additional compensation for permanent disability, the Board shall approve a
			 reasonable attorney fee in the amounts prescribed in OAR 438-015-0040, payable
			 out of the increased compensation.
(4) The Board may allow a fee in excess of
			 the amounts prescribed in sections (1) through (3) of this rule upon a finding
			 that extraordinary services have been rendered.
Stat. Auth.: ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.267(3),
				  656.278(1),
				  656.386(1)(2),
				  656.388
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0082 - Timely Payment of Attorney Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An approved attorney fee shall be paid
			 within the time required for payment of the compensation out of which the
			 approved fee is to be paid.
(2) An
			 assessed attorney fee shall be paid within 14 days of the date the order
			 authorizing the fee becomes final.
Stat. Auth.: ORS
				  656.307,
				  656.388,
				  656.593, ORS
				  656.726(5)
Stats. Implemented: ORS
				  656.382(1),
				  656.386(1)(2),
				  656.388
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0085 - Payment of Attorney Fees Out of Compensation; Fee Not Subject to Offset

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the claimant
			 consents in the attorney retainer agreement, the Administrative Law Judge or
			 the Board may order the payment of approved attorney fees directly to the
			 claimant's attorney in a lump sum when the fee is to be paid out an award of
			 compensation for permanent disability. The lump sum shall not be due until the
			 award of compensation becomes final.
(2) An attorney fee which has been authorized
			 under these rules to be paid out of increased compensation awarded by a
			 Administrative Law Judge, the Board or a court shall not be subject to any
			 offset based upon prior overpayment of compensation to the claimant.
Stat. Auth.: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.386(2)
				  & ORS 656.388(3)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0090 - Attorney Fees in Proceeding Under ORS 656.307

Current through Register Vol. 63, No. 7, July 1, 2024
If the claimant appears in any proceeding under ORS
				656.307 and actively and
				meaningfully participates through an attorney, the Administrative Law Judge may
				require the payment of a reasonable assessed fee to be paid by the insurer or
				self-insured employer determined by the Administrative Law Judge to be the
				party responsible for paying compensation.
Stat. Auth.: ORS
				  656.307, ORS
				  656.388, ORS
				  656.593 & ORS
				  656.726(4)
Stats. Implemented: ORS
				  656.307(5)
				  & ORS 656.388(3)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0095 - Attorney Fees in Third-Party Cases

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise ordered by the Board after a finding of
				extraordinary circumstances, an attorney fee not to exceed 33-1/3 percent of
				the gross recovery obtained by the plaintiff in an action maintained under the
				provisions of ORS 656.576 through
				656.596 is
				authorized.
Stat. Auth.: ORS
				  656.307,
				  656.388,
				  656.593 &
				  656.726(5)
Stats. Implemented: ORS
				  656.593(1)(a)
				  & 656.388(3)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0110 - Attorney Fees in Cases Involving ORS 656.262(11)(a)

Current through Register Vol. 63, No. 7, July 1, 2024
If the Director, an Administrative Law Judge, the Board, or the
				Court find that the insurer or self-insured employer unreasonably delayed or
				unreasonably refused to pay compensation, attorney fees or costs, or
				unreasonably delayed acceptance or denial of a claim an assessed attorney fee
				shall be awarded in a reasonable amount that:
(1) Considers the proportionate benefit to
			 the claimant;
(2) Takes into
			 consideration the factors set forth in OAR 438-015-0010(4), giving primary
			 consideration to the results achieved and to the time devoted to the case;
			 and
(3) Does not exceed $4,000,
			 absent a showing of extraordinary circumstances. The maximum attorney fee
			 awarded under this section is subject to an annual adjustment on July 1 as
			 calculated by the Workers' Compensation Division (on behalf of the Director) by
			 the same percentage increase as made to the average weekly wage defined in ORS
			 656.211, if any. Before July 1 of each year, the Board, by bulletin, will
			 publish the maximum fee, after adjusting the fee by the same percentage
			 increase, if any, to the average weekly wage. Dollar amounts will be rounded to
			 the nearest whole number.
Stat. Auth.: ORS 656.283, 656.388 & 656.726(5)
Stats. Implemented: ORS
				  656.262(11)(a)
Oregon Administrative Rules › Chapter 438 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION BOARD › Division 15 - ATTORNEY FEES › Section 438-015-0125 - Bifurcation of Attorney Fee Award (Board Review)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The determination of the Board's
			 reasonable assessed attorney fee award under ORS
			 656.382(2),
			 ORS
			 656.383,
			 or ORS
			 656.386(1)
			 shall be bifurcated from the underlying claim if:
(a) A request for Board review of an Administrative Law Judge's
			 order has been filed;
(b) Within
			 14 days of the expiration of the briefing schedule, the claimant files a
			 request for bifurcation of the Board's attorney fee award as described in
			 section (1); and
(c) The Board
			 reaches a decision that entitles the claimant's counsel to a reasonable
			 assessed attorney fee award under one or more of the statutes described in
			 section (1).