OAR 438-015-0050
Attorney Fees in Connection with Disputed Claim Settlements

(1)

When a denied and disputed claim is settled under the provisions of ORS 656.289 (Orders of Administrative Law Judge)(4) and OAR 438-009-0010 (Disputed Claim Settlements), an attorney fee may be approved by the Administrative Law Judge or the Board in an amount up to 25 percent of the first $50,000 of the settlement proceeds plus ten percent of any amount of the settlement proceeds in excess of $50,000. Under extraordinary circumstances, a fee may be authorized in excess of this calculation.

(2)

When the settlement proceeds are to be paid in more than one payment payable within a period of more than one year from the date of approval, for purposes of approving an attorney fee under section (1) of this rule, settlement proceeds shall be calculated based on the “present value” of the total settlement proceeds. “Present value” may be represented by the actual present value of the total settlement proceeds or the purchase price of any annuity designed to fund payment of the total settlement proceeds. The parties shall provide the Board with a written statement of the “present value” of the total settlement proceeds.

Source: Rule 438-015-0050 — Attorney Fees in Connection with Disputed Claim Settlements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=438-015-0050.

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 438-015-0050’s source at or​.us