Department of Consumer and Business Services
Workers' Compensation Board - Chapter 438
Division 15
ATTORNEY FEES
438-015-0110
Attorney Fees in Cases Involving ORS 656.262(11)(a)
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.
Statutory/Other Authority: ORS 656.283, 656.388 & 656.726(5)
Statutes/Other Implemented: ORS 656.262(11)(a)
History:
WCB 1-2015, f. 12-16-15, cert. ef. 1-1-16
WCB 2-2012, f. 11-13-12, cert. ef. 1-1-13
WCB 1-2009, f. 10-7-09, cert. ef. 1-1-10
WCB 3-2003, f. 12-12-03 cert. ef. 1-1-04