Workers’ Compensation

ORS 656.383
Attorney fees in cases prior to decision or after request for hearing

The claimant’s attorney shall be allowed a reasonable assessed attorney fee if:

(1)

The claimant’s attorney is instrumental in obtaining temporary disability compensation benefits pursuant to ORS 656.210 (Temporary total disability), 656.212 (Temporary partial disability), 656.262 (Processing of claims and payment of compensation), 656.268 (Claim closure) or 656.325 (Required medical examination) prior to a decision by an Administrative Law Judge; or

(2)

The claimant finally prevails in a dispute over temporary disability compensation benefits pursuant to ORS 656.210 (Temporary total disability), 656.212 (Temporary partial disability), 656.262 (Processing of claims and payment of compensation), 656.268 (Claim closure) or 656.325 (Required medical examination) after a request for hearing has been filed. [2015 c.521 §10]
Note: 656.383 (Attorney fees in cases prior to decision or after request for hearing) was added to and made a part of ORS chapter 656 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Claimant’s attorney is entitled to both assessed attorney fees and out-of-compensation fees if attorney is instrumental in obtaining temporary disability benefits on reconsideration prior to administrative law judge decision. Dancingbear v. SAIF, 314 Or App 538, 500 P3d 22 (2021)

Source

Last accessed
May 26, 2023

REMOVE ADS