Or. Admin. R. 438-015-0070

Current through Register Vol. 63, No. 6, June 1, 2024

Section 438-015-0070 - Attorney Fees When Insurer or Self-Insured Employer Requests or Cross-Requests Review by the Board

(1) If an insurer or self-insured employer requests or cross-requests review of the Administrative Law Judge's order and the Board finds that all or part of the compensation awarded to the claimant should not be disallowed or reduced, the Board 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 review, and the Board finds that the attorney fees, penalties or costs awarded to the claimant should not be disallowed or reduced, the Board shall award reasonable additional attorney fees to the attorney for the claimant for efforts in defending the fee, penalty or costs.

(3)

(a) If an insurer or self-insured employer requests or cross-requests review of the Administrative Law Judge's order and the matter is briefed, but the insurer or self-insured employer withdraws the appeal prior to a decision by the Board, resulting in the claimant's prevailing in the matter, the Board shall award a reasonable assessed fee for the claimant's attorney's efforts in briefing the matter to the Board.

(b) A matter is considered "briefed" when the insurer or self-insured employer has filed its initial brief.

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

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

(6) If an insurer or self-insured employer requests or cross-requests review of the Administrative Law Judge's order regarding a claim reclassification order from the Workers' Compensation Division, and the Board finally determines that the claim should be classified as disabling, the Board may award a reasonable assessed fee.

Or. Admin. R. 438-015-0070

WCB 5-1987, f. 12-18-87, ef. 1-1-88; WCB 1-2009, f. 10-7-09, cert. ef. 1-1-10; WCB 1-2015, f. 12-16-15, cert. ef. 1/1/2016

Stat. Auth.: ORS 656.726(5)

Stats. Implemented: ORS 656.382, 656.386, 656.388