Oregon mulls rules for collecting attorney fees after appeals decision

The Oregon Workers’ Compensation Division is now establishing a process for assessing attorney fees when temporary disability compensation benefits are obtained on reconsideration, as required by a recent appellate court decision.

On Sept. 15, the state’s Court of Appeals published its decision in Dancingbear v. SAIF Corp. holding that claimants’ attorneys are entitled to an award of assessed fees if they obtain temporary disability benefits for injured workers during proceedings on reconsideration.

The division said it wants to get input from stakeholders, particularly attorneys who have had cases on the issue of fees, regarding how to structure the process for assessing fees to comply with the decision. It will hold a virtual public hearing on Oct. 8.

“The meeting is intended to be a preliminary conversation,” the division said. “While an outcome of the conversation may be future rulemaking, rules are not the primary focus of this meeting.”

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