Or. Admin. R. 438-015-0085

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

Section 438-015-0085 - Payment of Attorney Fees Out of Compensation; Fee Not Subject to Offset

(1) If the claimant consents in the attorney retainer agreement, the Administrative Law Judge or the Board may order the payment of approved attorney fees directly to the claimant's attorney in a lump sum when the fee is to be paid out an award of compensation for permanent disability. The lump sum shall not be due until the award of compensation becomes final.

(2) An attorney fee which has been authorized under these rules to be paid out of increased compensation awarded by a Administrative Law Judge, the Board or a court shall not be subject to any offset based upon prior overpayment of compensation to the claimant.

WCB 5-1987, f. 12-18-87, ef. 1-1-88

Stat. Auth.: ORS 656.307, ORS 656.388, ORS 656.593 & ORS 656.726(4)

Stats. Implemented: ORS 656.386(2) & ORS 656.388(3)