OAR 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.

Source: Rule 436-001-0400 — General Provisions and Requirements for Attorney Fees Awarded by the Director, https://secure.sos.state.or.us/oard/view.action?ruleNumber=436-001-0400.

436–001–0003
Applicability and Purpose of these Rules 436–001–0004
Definitions 436–001–0005
Model Rules For Rulemaking 436–001–0009
Notice of Division Rulemaking 436–001–0019
Requests for Hearing 436–001–0023
Other Filings and Submissions 436–001–0027
Timeliness 436–001–0030
Role of the Workers’ Compensation Division 436–001–0170
Duties and Powers of the Administrative Law Judge 436–001–0225
Scope of Review/Limitations on the Record 436–001–0240
The Record 436–001–0246
Proposed and Final Orders — Exceptions, Correction, Director Review 436–001–0252
Stay of Director and Administrative Review 436–001–0259
Ex Parte Communication 436–001–0296
Settlements and Dismissals 436–001–0400
General Provisions and Requirements for Attorney Fees Awarded by the Director 436–001–0410
Attorney Fees Awarded under ORS 656.385(1) 436–001–0420
Attorney Fees Awarded under ORS 656.262(11) 436–001–0430
Attorney Fees Awarded under ORS 656.262(12) 436–001–0435
Attorney Fees Awarded under ORS 656.277(1) 436–001–0440
Time Within Which Attorney Fees Must Be Paid 436–001–0500
Refund of Overpayments 436–001–0600
Multilingual Help Page 436–001–0610
Duty to Forward Misdirected Request 436–001–0700
Access to Public Records and Workers’ Compensation Claim Records

Last Updated

Jun. 8, 2021

Rule 436-001-0400’s source at or.us

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Location: https://oregon.public.law/rules/oar_436-001-0400

Original Source: Rule 436-001-0400 — General Provisions and Requirements for Attorney Fees Awarded by the Director, https://secure.sos.state.or.us/oard/view.action?ruleNumber=436-001-0400 (last accessed Jun. 8, 2021).