OAR 438-015-0005
Definitions

In addition to the definitions set forth in OAR 438-005-0040 (General Definitions):

(1)

“Approved fee” means an attorney fee paid out of a claimant’s compensation.

(2)

“Assessed fee” means an attorney fee paid to a claimant’s attorney by an insurer or self-insured employer in addition to compensation paid to a claimant.

(3)

“Attorney” means a member of the Oregon State Bar.

(4)

“Attorney fee” means payment for legal services performed on behalf and at the request of a claimant under ORS Chapter 656 (Workers’ Compensation).
(5)“Client paid fee” means an attorney fee paid by an insurer or self-insured employer to its attorney.

(6)

“Compensation” means all benefits, including medical services, provided for a compensable injury to a subject worker or the beneficiaries of a subject worker pursuant to ORS Chapter 656 (Workers’ Compensation).

(7)

“Cost bill” means an itemized statement from the claimant of the amount of expenses and costs for records, expert opinions, and witness fees incurred as a result of the litigation involving a claim denial under ORS 656.386 (Recovery of attorney fees, expenses and costs in appeal on denied claim)(1).

(8)

“Denied claim” means a claim for compensation which an insurer or self-insured employer refuses to pay on the express ground that the injury or condition for which compensation is claimed is not compensable or otherwise does not give rise to an entitlement to any compensation or a claim under ORS 656.386 (Recovery of attorney fees, expenses and costs in appeal on denied claim)(1)(b)(B), (C) or (D) to which the insurer or self-insured employer does not timely respond.

(9)

“Expenses and costs” reimbursable under ORS 656.386 (Recovery of attorney fees, expenses and costs in appeal on denied claim)(2) mean reasonable expenses and costs incurred by the claimant for things and services reasonably necessary to pursue a matter, but do not include attorney fees. Examples of expenses and costs referred to include, but are not limited to, costs of records, expert witness opinions, witness fees and mileage paid to execute a subpoena and costs associated with travel.

Source: Rule 438-015-0005 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=438-015-0005.

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. 24, 2021

Rule 438-015-0005’s source at or​.us