Department of Consumer and Business Services
Workers' Compensation Board - Chapter 438
Division 15
ATTORNEY FEES
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(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;
(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.
Statutory/Other Authority: ORS 656.726(5)
Statutes/Other Implemented: ORS 656.307, 656.382, 656.383, 656.386 & 656.388
History:
WCB 2-2020, amend filed 08/19/2020, effective 10/01/2020
WCB 1-2020, amend filed 03/06/2020, effective 06/01/2020
WCB 2-2016, f. 10-13-16, cert. ef. 11-1-16
WCB 1-2015, f. 12-16-15, cert. ef. 1-1-16
WCB 3-2001, f. 11-14-01, cert. ef. 1-1-02
WCB 11-1990, f. 12-13-90, cert. ef. 12-31-90
Reverted to WCB 2-1989, f. 3-3-89, ef. 4-1-89
WCB 7-1990(Temp), f. 6-14-90, cert. ef. 7-1-90
WCB 2-1989, f. 3-3-89, ef. 4-1-89
WCB 5-1987, f. 12-18-87, ef. 1-1-88