OAR 438-015-0080
Attorney Fees in Own Motion Cases


(1)

If an attorney is instrumental in obtaining increased temporary disability compensation, the Board shall approve a fee of 25 percent of the increased compensation, to be paid out of the increased compensation.

(2)

If an attorney is instrumental in obtaining a voluntary reopening of an Own Motion claim that results in increased temporary disability compensation, the Board shall approve a fee of 25 percent of the increased compensation, to be paid out of the increased temporary disability compensation resulting from the voluntary reopening.

(3)

If the Board awards additional compensation for permanent disability, the Board shall approve a reasonable attorney fee in the amounts prescribed in OAR 438-015-0040 (Attorney Fees When a Claimant Requests a Hearing on Extent of Permanent Disability), payable out of the increased compensation.

(4)

The Board may allow a fee in excess of the amounts prescribed in sections (1) through (3) of this rule upon a finding that extraordinary services have been rendered.

Source: Rule 438-015-0080 — Attorney Fees in Own Motion Cases, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=438-015-0080.

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 438-015-0080’s source at or​.us