Oregon Administrative Rules
Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION
Division 1 - PROCEDURAL RULES, ATTORNEY FEES, AND GENERAL PROVISIONS
Section 436-001-0400 - General Provisions and Requirements for Attorney Fees Awarded by the Director
Universal Citation: OR Admin Rules 436-001-0400
Current through Register Vol. 63, No. 12, December 1, 2024
In addition to the specific provisions in OAR 436-001-0410 through 436-001-0435, the following provisions apply when the director awards an attorney fee:
(1) In order to be awarded an attorney fee, the attorney must file with the director a signed attorney retainer agreement.
(2) In cases in which time devoted is a factor in determining the amount of the fee:
(a) The attorney should submit a statement of
the number of hours spent on the case.
(b) The director may request the attorney to
submit additional information to support or clarify the statement of hours.
(c) If the attorney does not
submit a statement of hours or other information requested by the director
before an order is issued, the director will presume the attorney spent one to
two hours on the case.
(3) In cases in which a reasonable fee is to be assessed, the director may consider the following factors:
(a) The time devoted to the case for legal
services.
(b) The complexity of the
issue(s) involved.
(c) The value of
the interest involved.
(d) The
skill of the attorneys.
(e) The
nature of the proceedings.
(f) The
benefit secured for the represented party.
(g) The risk in a particular case that an
attorney's efforts may go uncompensated and the contingent nature of the
practice.
(h) The assertion of
frivolous issues or defenses.
Statutory/Other Authority: ORS 656.385(1) & 656.726(4)
Statutes/Other Implemented: ORS 656.262, 656.385, 656.388 & 656.704
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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