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