OAR 438-015-0022
Attorney Fee Lien Procedures

(1)

If a former attorney of a claimant alleges that the former attorney has been instrumental in obtaining additional compensation or in settling a claim, the former attorney may provide a notice of potential attorney fee lien to the insurer or the self-insured employer. Copies of such a notice shall also be simultaneously provided to the claimant and to the appropriate litigation forum, if there is a pending case before the Hearings Division or the Board.

(2)

The notice of potential attorney fee lien shall include, but is not limited to, the following information:

(a)

A description of the former attorney’s services that support the allegation that the attorney was instrumental in obtaining additional compensation or in settling the claimant’s claim;

(b)

The amount of the potential claim;

(c)

The amount of the potential attorney fee lien; and

(d)

A copy of an executed retainer agreement between the claimant and the former attorney.

(3)

If the insurer or self-insured employer has received a notice of a potential attorney fee lien, any proposed disputed claim settlement, settlement stipulation, or claim disposition agreement shall include a provision resolving the potential attorney fee lien. Any approval of a settlement agreement that does not comply with this provision shall be void.

(4)

If the notice of potential attorney fee lien is disputed, the former attorney, the claimant, the insurer, or the self-insured employer may file a petition for resolution of the lien dispute with the forum where litigation involving the claim is pending or, if there is no pending litigation, with the Hearings Division. The petition shall include copies of the notice of potential attorney fee lien and the accompanying materials that were submitted to the claimant and the insurer or the self-insured employer, as well as any other relevant documents.

(5)

If a petition for resolution of a potential attorney fee lien dispute is filed, the respondent(s) shall be provided not less than seven days to respond to the petition. The former attorney shall also be provided not less than seven days to reply to the responses.

(6)

The resolution of a potential attorney fee lien dispute shall be made by a final, appealable order.

Source: Rule 438-015-0022 — Attorney Fee Lien Procedures, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=438-015-0022.

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 438-015-0022’s source at or​.us