OAR 438-015-0010
General Principles

(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 (Processing of claims and payment of compensation)(11)(a), ORS 656.307 (Determination of issues regarding responsibility for compensation payment), 656.382 (Penalties and attorney fees payable by insurer or employer in processing claim), 656.383 (Attorney fees in cases prior to decision or after request for hearing) and 656.386 (Recovery of attorney fees, expenses and costs in appeal on denied claim).

(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 (Approval of attorney fees required)(7) of attorney salaries
and other costs of legal services incurred by insurers/self-insured employers pursuant
to ORS Chapter 656 (Workers’ Compensation);
(i) The risk in a particular case that an attorney’s efforts may go uncompensated;
(j) The contingent nature of the practice of workers’ compensation law;
(k) The assertion of frivolous issues or defenses; and
(l) Claimant’s counsel’s contingent hourly rate, if asserted, together with any information used to establish the basis upon which the rate was calculated.

(5)

Percentage limitations on fees established by these rules apply to the amount of compensation paid the claimant exclusive of medical, hospital or other expenses of treatment.

Source: Rule 438-015-0010 — General Principles, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=438-015-0010.

438‑015‑0003
Authority for Adoption 438‑015‑0005
Definitions 438‑015‑0010
General Principles 438‑015‑0011
Attorney Retainer Agreement 438‑015‑0015
Charge for Legal Services Must Be Authorized 438‑015‑0019
Cost Bill Procedures 438‑015‑0022
Attorney Fee Lien Procedures 438‑015‑0025
Maximum Attorney Fees Out of Compensation 438‑015‑0029
Request at Board Review Level for Assessed Fees 438‑015‑0030
Attorney Fees When There is No Hearing 438‑015‑0033
Attorney Fee Award Under ORS 656.262(14)(a) 438‑015‑0035
Attorney Fees When a Claimant Requests a Hearing on a Denied Claim 438‑015‑0038
Attorney Fees When a Claimant Requests a Hearing on a Responsibility Denial 438‑015‑0040
Attorney Fees When a Claimant Requests a Hearing on Extent of Permanent Disability 438‑015‑0045
Attorney Fees When a Claimant Requests a Hearing on Extent of Temporary Disability 438‑015‑0048
Attorney Fees When a Claimant Requests a Hearing on a Claim Reclassification 438‑015‑0050
Attorney Fees in Connection with Disputed Claim Settlements 438‑015‑0052
Attorney Fees in Connection with Claim Disposition Agreements 438‑015‑0055
Attorney Fees When a Claimant Requests Review by the Board 438‑015‑0065
Attorney Fees When Insurer or Self-Insured Employer Requests a Hearing 438‑015‑0070
Attorney Fees When Insurer or Self-Insured Employer Requests or Cross-Requests Review by the Board 438‑015‑0080
Attorney Fees in Own Motion Cases 438‑015‑0082
Timely Payment of Attorney Fees 438‑015‑0085
Payment of Attorney Fees Out of Compensation 438‑015‑0090
Attorney Fees in Proceeding Under ORS 656.307 438‑015‑0095
Attorney Fees in Third-Party Cases 438‑015‑0110
Attorney Fees in Cases Involving ORS 656.262(11)(a) 438‑015‑0115
Fees for Attorneys Representing Insurers and Self-Insured Employers 438‑015‑0125
Bifurcation of Attorney Fee Award (Board Review )
Last Updated

Jun. 24, 2021

Rule 438-015-0010’s source at or​.us