Oregon Administrative Code

438-015-0011 Attorney Retainer Agreement (1) Except as provided in subsection (2), every executed attorney retainer agreement filed with the Administrative Law Judge or Board shall be in English. (2) Any English language attorney retainer agreement filed with the Administrative L…

438-015-0015 Charge for Legal Services Must Be Authorized No charge for legal services for representation of claimants in connection with any matter concerning a claim before the Board or its Hearings Division under ORS Chapter 656 is valid unless the charge has been authorized i…

438-015-0019 Cost Bill Procedures; Assessed Attorney Fees When the Claimant Prevails in a Cost Bill Dispute (1) If a claimant finally prevails against a denial under ORS 656.386(1), the Administrative Law Judge or the Board may order payment of the claimant’s reasonable expenses …

438-015-0022 Attorney Fee Lien Procedures (1) If a former attorney of a claimant alleges that the former attorney has been instrumental in obtaining additional compensation or in settling a claim, the former attorney may provide a notice of potential attorney fee lien to the insu…

438-015-0025 Maximum Attorney Fees Out of Compensation Except in situations where a claimant's attorney fee is an assessed fee, in settlement of disputed claims or claim disposition agreements and in cases under the third-party law, unless there is a finding in a particular case …

438-015-0029 Request at Board Review Level for Assessed Fees (1) On Board review of an Administrative Law Judge's order, to assist the Board in determining the amount of a reasonable assessed fee for services at the hearing level and/or for services on Board review, a claimant's …

438-015-0030 Attorney Fees When There is No Hearing If an attorney is instrumental in obtaining compensation for a claimant without a hearing before an Administrative Law Judge, a reasonable attorney fee may be approved or assessed. The amount of the fee shall be determined by an…

438-015-0033 Attorney Fee Award Under ORS 656.262(14)(a) (1) In accordance with ORS 656.262(14)(a), a reasonable hourly rate for an attorney’s actual time spent during a personal or telephonic interview or deposition conducted under that statute is 350. The maximum attorney fee a…

438-015-0035 Attorney Fees When a Claimant Requests a Hearing on a Denied Claim If the Administrative Law Judge orders the acceptance of a previously denied claim, the Administrative Law Judge shall award a reasonable assessed fee. This rule applies to denials under OAR 438-015-0…

438-015-0038 Attorney Fees When a Claimant Requests a Hearing on a Responsibility Denial If the claimant’s attorney appears in any proceeding regarding a responsibility denial issued under ORS 656.308(2), and actively and meaningfully participates, and finally prevails against th…

438-015-0040 Attorney Fees When a Claimant Requests a Hearing on Extent of Permanent Disability (1) If the Administrative Law Judge awards additional compensation for permanent partial disability, the Administrative Law Judge shall approve a fee of 25 percent of the increased com…

438-015-0045 Attorney Fees When a Claimant Requests a Hearing on Extent of Temporary Disability If the Administrative Law Judge awards additional compensation for temporary disability benefits, the Administrative Law Judge shall award a reasonable assessed attorney fee. Statutory…

438-015-0048 Attorney Fees When a Claimant Requests a Hearing on a Claim Reclassification If a claimant requests a hearing regarding a claim reclassification order from the Workers’ Compensation Division, and the Administrative Law Judge finally determines that the claim should b…

438-015-0050 Attorney Fees in Connection with Disputed Claim Settlements (1) When a denied and disputed claim is settled under the provisions of ORS 656.289(4) and OAR 438-009-0010, an attorney fee may be approved by the Administrative Law Judge or the Board in an amount up to 25…

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 se…

438-015-0055 Attorney Fees When a Claimant Requests Review by the Board (1) If a claimant requests review of an Administrative Law Judge’s order on the issue of compensation for temporary disability and the Board awards additional compensation, the Board shall award a reasonable …

438-015-0065 Attorney Fees When Insurer or Self-Insured Employer Requests a Hearing (1) If an insurer or self-insured employer requests a hearing or otherwise seeks a reduction in compensation and the Administrative Law Judge finds that all or part of the compensation awarded to …

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 compens…

438-015-0080 Attorney Fees in Own Motion Cases (1) If an attorney is instrumental in obtaining increased temporary disability compensation, the Board shall approve a fee of 25 percent of the increased compensation, to be paid out of the increased compensation. (2) If an attorney …

438-015-0082 Timely Payment of Attorney Fees (1) An approved attorney fee shall be paid within the time required for payment of the compensation out of which the approved fee is to be paid. (2) An assessed attorney fee shall be paid within 14 days of the date the order authorizin…

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…

438-015-0090 Attorney Fees in Proceeding Under ORS 656.307 If the claimant appears in any proceeding under ORS 656.307 and actively and meaningfully participates through an attorney, the Administrative Law Judge may require the payment of a reasonable assessed fee to be paid by t…

438-015-0095 Attorney Fees in Third-Party Cases Unless otherwise ordered by the Board after a finding of extraordinary circumstances, an attorney fee not to exceed 33-1/3 percent of the gross recovery obtained by the plaintiff in an action maintained under the provisions of ORS 6…

438-015-0110 Attorney Fees in Cases Involving ORS 656.262(11)(a) If the Director, an Administrative Law Judge, the Board, or the Court find that the insurer or self-insured employer unreasonably delayed or unreasonably refused to pay compensation, attorney fees or costs, or unrea…

438-015-0115 Fees for Attorneys Representing Insurers and Self-Insured Employers A requested client paid fee shall: (1) Be reasonable, considering the factors prescribed in OAR 438-015-0010(4), to the extent such factors are relevant to a client-paid fee; and (2) Not exceed that …

438-015-0125 Bifurcation of Attorney Fee Award (Board Review ) (1) The determination of the Board’s reasonable assessed attorney fee award under ORS 656.382(2), ORS 656.383, or ORS 656.386(1) shall be bifurcated from the underlying claim if: (a) A request for Board review of an A…

438-016-0005 Request for Board Review (1) A request for Board review of a Director's order finding no bona fide medical services dispute shall be filed in accordance with OAR 438-005-0046(1). (2) Copies of a request for Board review of the Director's order should be simultaneousl…

438-016-0010 Acknowledgment of Request for Review; Record (1) The Board shall notify the parties and the Director of its receipt of the request for review. This acknowledgment shall also notify the parties of the implementation of a briefing schedule which will become effective u…

438-016-0015 Scope of Review (1) Review by the Board shall be for substantial evidence in the record in accordance with ORS 656.327(1)(b). The Board shall set aside or remand the order only if it finds that the order is not supported by substantial evidence in the record. (2) The…

438-016-0020 Briefs and Other Documents (1) Filing of briefs is not jurisdictional; however the Board views briefs as a significant aid to the review process. Briefs submitted for consideration by the Board shall comply with this section. (2) Briefs shall be filed in accordance w…

438-016-0025 Board Decision; Reconsideration; No Further Review (1) The Board’s decision shall be mailed to the Director, all parties, and their attorneys. (2) Upon its own motion or the request of any interested party, within 30 days after a final decision of the Board, the Boar…

438-019-0000 Special Definitions (1) Mediation. Mediation is a voluntary process for resolving disputes by which an independent neutral third person, in the role of mediator, assists two or more parties to a controversy in reaching a mutually acceptable resolution. For purposes o…

438-019-0010 Mediator Qualifications (1) A mediator shall have completed at least 30 hours of basic mediation training and hold a certificate demonstrating such training. (2) Such training described in section (1) of this rule shall address the following areas: (a) Active listeni…

438-019-0020 Standards of Mediator Conduct (1) Mediators have duties to the parties, to their profession, and to themselves. They should be honest and unbiased, act in good faith, be diligent, and never seek to advance their own interests at the expense of the parties. (2) The me…

438-019-0030 Confidentiality (1) Unless there is a written agreement otherwise, any communication made in mediation which relates to the controversy being mediated is confidential. (2) The mediator shall create and maintain a separate mediation file. All memoranda, work product, …

438-019-0040 Standards of Conduct for Attorneys and Parties (1) Attorneys representing parties in mediation shall know the facts, the applicable law and the issues involved in their case, and understand the interests and needs of their clients which may affect the mediation proce…

438-019-0050 Requests for Mediation (1) The parties shall notify the Presiding Administrative Law Judge or designee of their desire to mediate their controversy. The parties may select a mediator from an approved list maintained by the Hearings Division. If the parties do not ind…

438-019-0060 Settlement Agreements (1) Any resolution involving matters arising under ORS Chapter 656 that is reached by the parties shall be reduced to writing and shall comply with the requirements set forth in OAR 438. (2) The parties may, by agreement, resolve issues that ari…

438-020-0001 Special Definitions As used in this division: (1) "Certified interpreter" means an interpreter who has been certified under ORS 45.291; (2) "Disabled person" means a person who cannot readily understand the proceedings because of deafness or a physical hearing impair…

438-020-0005 ALJ Designation Pursuant to ORS 45.275(1), an Administrative Law Judge (ALJ) is empowered to appoint qualified interpreters in hearings over which they preside. The ALJ may designate the Hearings Division's Interpreter Services Coordinator (ISC) or another designee t…

438-020-0010 Notice of Need for and Appointment of Interpreter (1) When a party or a party's attorney determines that an interpreter is needed, the attorney, or an unrepresented claimant, shall immediately notify the Hearings Division's ISC. Notification is preferred by means of …

438-020-0015 Removal of Interpreter After the appointment of an interpreter, the ALJ shall remove the interpreter and another interpreter shall be appointed if, at any time prior to or during the hearing, the ALJ determines that: (1) The appointed interpreter has a conflict of in…

438-020-0020 Cancellation When a party or a party's attorney becomes aware that interpreter services are no longer needed, the attorney for the party, or the unrepresented party, shall immediately notify the assigned ALJ. Statutory/Other Authority: ORS 656.726(5) & 183.310 - 183.…

438-021-0005 Purpose The purpose of these rules is to establish a standard procedure for regular open meetings of the Workers’ Compensation Board. With the exception of its review of contested cases and any other confidential or privileged matter, it is the specific intent of the…

438-021-0010 Regularly Scheduled Meetings (1) In consultation with the Board and in accordance with ORS 192.610 to 192.690, the Chairperson shall establish the time, date, and place for the Board or Committees of the Board to meet. In any event, the Chairperson shall call a meeti…

438-021-0015 Duties of the Chairperson (1) The Chairperson, or the Board Members calling the meeting, shall prepare the agenda for each meeting. (2) The order of business for Board meetings shall be as follows: (a) Call to order; (b) Approval of the agenda and order of business; …

438-021-0020 Consultation of the Board (1) The Chairperson shall consult with the Board on all matters requiring such consultation under ORS 656.001 to 656.990 during meetings as set forth in these rules. (2) These consultations shall be made prior to any decision by the Chairper…

438-022-0005 Adoption of Attorney General’s Model Rules To the extent that the following rules are applicable to the Workers’ Compensation Law (ORS chapter 656), the Board adopts by reference OAR 137-001-0005 through 137-001-0100 (Attorney General’s Model Rules for Rulemaking), a…

438-022-0010 Notice of Rulemaking (1) Prior to adoption, amendment or repeal of any administrative rule, other than a temporary rule adopted under ORS 183.335(5), the Board shall give notice of the intended action: (a) In the Secretary of State’s Bulletin referred to in ORS 183.3…

438-082-0001 Statutory Authority; Adoption Procedures (1) The statutory authority for the adoption of these rules is ORS 656.726(5) and 147.155. (2) These rules are adopted in accordance with ORS Chapter 183 and the Attorney General’s Model Rules of Procedure applicable to rulema…