OAR 438-015-0065
Attorney Fees When Insurer or Self-Insured Employer Requests a Hearing

(1)

If an insurer or self-insured employer requests a hearing or otherwise seeks a reduction in compensation and the Administrative Law Judge finds that all or part of the compensation awarded to the claimant should not be disallowed or reduced, the Administrative Law Judge shall award a reasonable assessed fee to the claimant’s attorney.

(2)

If an employer or insurer raises attorney fees, penalties or costs as a separate issue in a request for hearing, and the Administrative Law Judge finds that the attorney fees, penalties or costs awarded to the claimant should not be disallowed or reduced, the Administrative Law Judge shall award reasonable additional attorney fees to the attorney for the claimant for efforts in defending the fee, penalty or costs.

(3)

If an insurer or self-insured employer requests a hearing regarding a reconsideration order rescinding a notice of closure, and the Administrative Law Judge finds that the reconsideration order should not be reversed, the Administrative Law Judge shall award a reasonable assessed fee to the claimant’s attorney.

(4)

If an insurer or self-insured employer requests a hearing regarding a reconsideration order, and the ALJ finds that all or part of the compensation awarded by the reconsideration order issued under ORS 656.268 (Claim closure) should not be reduced or disallowed, the Administrative Law Judge shall award a reasonable assessed fee to the claimant’s attorney.

(5)

If an insurer or self-insured employer requests a hearing regarding a claim reclassification order from the Workers’ Compensation Division, and the Administrative Law Judge finally determines that the claim should be classified as disabling, the Administrative Law Judge may award a reasonable assessed fee.

Source: Rule 438-015-0065 — Attorney Fees When Insurer or Self-Insured Employer Requests a Hearing, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=438-015-0065 (accessed May 26, 2025).

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 )

May 26, 2025

Rule 438-015-0065's source at or​.us