Or. Admin. Code § 438-015-0052

Current through Register Vol. 63, No. 12, December 1, 2024

Section 438-015-0052 - Attorney Fees in Connection with Claim Disposition Agreements

(1) When a claim disposition agreement is approved under the provisions of ORS 656.236 and OAR 438-009-0020, an attorney fee may be approved by the Board or the Administrative Law Judge who mediated the settlement in an amount up to 25 percent of the settlement proceeds. Under extraordinary circumstances, a fee may be authorized in excess of this calculation.

(2) When the agreement 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, agreement proceeds shall be calculated based on the "present value" of the total proceeds. "Present value" may be represented by the actual present value of the total agreement proceeds or the purchase price of any annuity designed to fund payment of the total agreement proceeds. The parties shall provide the Board with a written statement of the "present value" of the total agreement proceeds.

WCB 7-1990(Temp), f. 6-14-90, cert. ef. 7-1-90; WCB 11-1990, f. 12-13-90, cert. ef. 12-31-90; WCB 6-1991(Temp), f. 8-29-91, cert. ef. 9-2-91; WCB 8-1991, f. 11-6-91, cert. ef. 11-7-91; WCB 1-1998, f. 11-20-98, cert. ef. 2-1-99; WCB 2-2016, f. 10-13-16, cert. ef. 11/1/2016; WCB 2-2024, amend filed 08/28/2024, effective 9/3/2024

Statutory/Other Authority: ORS 656.388(4) & 656.726(5)

Statutes/Other Implemented: ORS 656.236(4) & 656.388