OAR 438-015-0029
Request at Board Review Level for Assessed Fees


(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 (Briefs and Other Documents);

(b)

The request describes in detail the manner in which the factors set forth in OAR 438-015-0010 (General Principles)(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 (Filing and Service of Documents; Correspondence)(2)(a) and proof of such service is provided in accordance with 438-005-0046 (Filing and Service of Documents; Correspondence)(2)(b).

(3)

A written response raising objection to the request shall be considered by the Board if:

(a)

The response is filed no later than 14 days from the date of filing of claimant’s attorney’s request for a specific fee under subsection (2)(a) of this rule; and

(b)

A copy of the response is simultaneously served upon the attorneys who appeared at hearing and on Board review in the manner provided in OAR 438-005-0046 (Filing and Service of Documents; Correspondence)(2)(a) and proof of such service is provided in accordance with 438-005-0046 (Filing and Service of Documents; Correspondence)(2)(b).

(4)

A request or response that does not comply with this rule shall not be considered by the Board in determining the amount of a reasonable assessed fee.

Source: Rule 438-015-0029 — Request at Board Review Level for Assessed Fees, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=438-015-0029.

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. 8, 2021

Rule 438-015-0029’s source at or​.us