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All Contested Case Subject
Attorney Fees
In General
An attorney for a medical provider is not authorized attorney fees because no basis exists in rule or statute. Davis, Charles M.,
14 CCHR 180 (2009).
Time spent by a paralegal can be combined with an attorney's time, when awarding an assessed fee under ORS 656.385(1) and OAR 436-120-008(2), because "professional hours devoted" includes professional level employees, like a paralegal. Lopez, Homar S.,
14 CCHR 137 (2009).
Claimant's attorney is not entitled at this stage to a further assessed fee for prevailing against an attempt to reduce the award of a prior fee. Mitchell, Shiloh M*,
13 CCHR 54 (2008).
When an attorney provides a copy of attorney's retainer agreement to the director, it is reasonable for the attorney to assume that a copy is forwarded to the Hearings Division when the matter is forwarded. Sanchez, Juan A,
12 CCHR 343 (2007).
Because claimant's attorney did not submit a statement of services or request an additional fee on director review, and was already awarded a fee in excess of the $2,000 maximum, and did not allege extraordinary circumstances, the director declined to award an additional fee for services that were over and above that already awarded. Shaddy, Robert,
12 CCHR 306 (2007).
Attorney fees are awarded when the insurer or employer initiates a contested case hearing, and the director or court does not reduce or disallow the compensation award to a claimant. Wagner, Patrick,
12 CCHR 211 (2007).
A CDA does not dispose of attorney fees awarded in future medical treatment disputes under ORS 656.385, where the claimant finally prevails. Watkins, John L,
11 CCHR 313 (2006).
A CDA does not dispose of attorney fees awarded in medical treatment disputes under ORS 656.385, where the claimant finally prevails. Watkins, John L*,
11 CCHR 195 (2006).
ORS 656.385 applies to all claims for which an order relating to the issue on which attorney fees are sought has not become final on or before the effective date of the act. Penfold, Donald M.,
9 CCHR 135 (2004).
Factors Considered
Considering the factors listed in OAR 436-001-0265, $1,200 is a reasonable fee for claimant's attorney, payable by the insurer. Ellis, Sandra D.,
14 CCHR 126 (2009).
$1,500 is a reasonable attorney fee considering the $1,500 value of claimant's proposed pain management program, the fact that claimant might not have received the program but for his attorney, the fact that the hearing was brief, and finally, the fact that claimant's attorney was not required to submit additional evidence at the hearing. Walters, Matthew A.*,
14 CCHR 121 (2009).
Based on the value of the proposed surgery (greater than $6,000) and the apparent time devoted to this issue (between 2.1 and 4 hours), the employer and its processing agent are assessed a $1,000 attorney fee. Booth, Paul E.,
14 CCHR 100 (2009).
Extraordinary circumstances allow the director to award a $500 attorney fee which is outside the 436-120-0008(2) matrix because it is not possible to estimate the benefit claimant received from insurer's agreement to reevaluate claimant's eligibility for vocational services. Hayes, Justin,
14 CCHR 80 (2009).
An attorney fee of $750 is appropriate with reference to the matrix of OAR 436-001-0265 considering the three hours involved, the value of the benefit received, and the average complexity of the legal issues. Bressler, Edger J.,
14 CCHR 10 (2009).
No error is found in RRU's $800 attorney fee award because the award is within the range set by the matrix referred to in ORS 656.385(1) calculating the value of the benefit achieved for the claimant, the 6.85 hours claimant's attorney devoted to the proceeding, and the fact that no extraordinary circumstances were involved in the proceeding. Arroyo, Joe L.,
13 CCHR 515 (2008).
With reference to the matrix of OAR 436-001-0265, a fee of $750 is appropriate for the entire proceeding in light of the number of attorney hours presumed involved, the value of the benefit received, and the average level of complexity of the legal issues. Kruesi, Loren F,
13 CCHR 512 (2008).
Claimant's attorney's request for a fee in the sum of $2,000 is reasonable because the attorney spent in excess of seven hours on this matter, the attorney's usual billing rate is $275 per hour, the attorney represents that he has been an attorney for 32 years in Oregon and has been practicing workers' compensation law for 25 of those years, and the attorney faced the risk of going uncompensated in this matter. Fontana, Robert J,
13 CCHR 498 (2008).
To determine an award of attorney's fees, the ALJ considered a fee that was proportionate to the injured worker's benefit, the results achieved, and the time devoted to the case. The ALJ did not use the "matrix" because there was no evidence of the hours devoted to the case. Fleming, Robert W,
12 CCHR 130 (2007).
When calculating the time spent on the proceeding, time devoted to the issue of attorney fees are not included. Miller, James A,
12 CCHR 105 (2007).
The attorney fee was not increased because the fee awarded was reasonable in relation to the value of the benefit to the claimant. Lewis, Chad E.,
10 CCHR 449 (2005).
A dispute over whether an employer should pay for four medically required pairs of shoes when only three were prescribed is a medical services dispute, not a compensability dispute, the director has jurisdiction, and the claimant is entitled to attorney fees. Minton, Russell L.,
10 CCHR 395 (2005).
Claimant's attorney is entitled to a fee because the dispute arose under 656.245, claimant was enrolled in an MCO and the attorney obtained a settlement while the case was pending before the director. Harris, Daryl*,
9 CCHR 479 (2004).
The director considered the time devoted to the case, the results achieved, fair compensation to the attorney, and the director's matrix. Blakely, Suzanne P.,
9 CCHR 287 (2004).
The fee must fall within the ranges provided in OAR 436-001-0265 absent a showing of extraordinary circumstances or agreement of the parties. Horn, Glenn R.,
9 CCHR 201 (2004).
Merely reciting the administrative factors and posting a fee amount is insuffficient to determine whether MRU abused it's discretion. Penfold, Donald M.,
9 CCHR 135 (2004).
Risk that claimant's attorney would go uncompensated is a factor to be considered. Santa Maria, Pedro*,
8 CCHR 330 (2003).
Claimant's attorney is entitled to an additional fee where the insurer did not object. Holland, Christopher R.,
8 CCHR 297 (2003).
Contingency factor one of but several factors the director may consider in awarding fees; time devoted to requesting and defending fee not considered; post-hearing paralegal time discounted. Moore, Jimmie D.,
8 CCHR 300 (2003).
Failing to provide a statement of services does not justify a denial of attorney fees; other factors also considered. Hernandez, Abraham T.,
8 CCHR 201 (2003).
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