Oregon Department of Consumer and Business Services, Workers' Compensation Board
Rule
Rule
438-015-0010
General Principles
(1)
Attorney fees for an attorney representing a claimant before the Board or its Hearings Division shall be authorized only if an executed attorney retainer agreement has been filed with the Administrative Law Judge or Board.(2)
Attorney fees for an attorney representing a claimant shall be paid out of the claimant’s compensation award except as provided by ORS 656.262 (Processing of claims and payment of compensation)(11)(a), ORS 656.307 (Determination of issues regarding responsibility for compensation payment), 656.382 (Penalties and attorney fees payable by insurer or employer in processing claim), 656.383 (Attorney fees in cases prior to decision or after request for hearing) and 656.386 (Recovery of attorney fees, expenses and costs in appeal on denied claim).(3)
An approved fee awarded or allowed to an attorney representing a claimant shall be a lien upon the claimant’s compensation.(4)
In any case where an Administrative Law Judge or the Board is required to determine a reasonable attorney fee, the following factors shall be considered:(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;compiled in the Director’s annual report under ORS 656.388 (Approval of attorney fees required)(7) of attorney salaries
and other costs of legal services incurred by insurers/self-insured employers pursuant
to ORS Chapter 656 (Workers’ Compensation);