Oregon Department of Consumer and Business Services, Workers' Compensation Division

Rule Rule 436-001-0400
General Provisions and Requirements for Attorney Fees Awarded by the Director

In addition to the specific provisions in OAR 436-001-0410 (Attorney Fees Awarded under ORS 656.385(1)) through 436-001-0435 (Attorney Fees Awarded under ORS 656.277(1)), the following provisions apply when the director awards an attorney fee:
(1) In order to be awarded an attorney fee, the attorney must file with the director a signed attorney retainer agreement.
(2) In cases in which time devoted is a factor in determining the amount of the fee:
(a) The attorney should submit a statement of the number of hours spent on the case.
(b) The director may request the attorney to submit additional information to support or clarify the statement of hours.
(c) If the attorney does not submit a statement of hours or other information requested by the director before an order is issued, the director will presume the attorney spent one to two hours on the case.
(3) In cases in which a reasonable fee is to be assessed, the director may consider the following factors:
(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 risk in a particular case that an attorney’s efforts may go uncompensated and the contingent nature of the practice.
(h) The assertion of frivolous issues or defenses.

Last accessed
Jun. 8, 2021