1. (1) In cases in which the director or administrative law judge orders a fee to be paid under ORS 656.385(1):

   1. (a) The fee must fall within the ranges of the matrix in subsection (d), unless extraordinary circumstances are shown or the parties otherwise agree.
   2. (b) Extraordinary circumstances are not established merely by exceeding eight hours or a benefit of $6,000.
   3. (c) The matrix in subsection (d) shows the maximum fee and fee ranges as percentages of the maximum fee under ORS 656.385(1), as adjusted annually by the same percentage increase, if any, to the average weekly wage defined in ORS 656.211. Before July 1 of each year the director will publish in Bulletin 356 (available on the division’s website at http://wcd.oregon.gov/Bulletins/bul_356.pdf) the matrix showing the maximum fee and fee ranges as dollar amounts after the annual adjustment to the statutory maximum fee. Dollar amounts will be rounded to the nearest whole dollar. If the average weekly wage does not change or decreases, the maximum attorney fee under ORS 656.385(1) will not be adjusted for that year.
   4. (d) [See attached table.]

2. (2) For purposes of applying the matrix in medical disputes under ORS 656.245, 656.247, 656.260, and 656.327, the following may be considered in determining the value of the results achieved or the benefit to the worker:

   1. (a) The fee allowed by the medical fee schedule in OAR 436-009 for the medical service at issue.
   2. (b) The overall cost of the medical service at issue.

3. (3) For purposes of applying the matrix in vocational disputes under ORS 656.340, the value of vocational assistance or a training plan, unless determined to be otherwise, falls within the highest range of the matrix for benefit achieved. In addition, the following may be considered in determining the value of the results achieved or the benefit to the worker:

   1. (a) The actual or projected cost of the service at issue.

   2. (b) The maximum spending limit in the fee schedule for vocational assistance costs in OAR 436-120-0720 (as published in Bulletin 124, available on the division’s website at http://wcd.oregon.gov/Bulletins/bul_124.pdf) for the service at issue.

      [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]

Statutory/Other Authority

ORS 656.385(1) & ORS 656.726(4)

Statutes/Other Implemented

ORS 656.385

History

WCD 6-2022, amend filed 07/05/2022, effective 09/01/2022
WCD 4-2018, amend filed 03/15/2018, effective 04/01/2018
WCD 9-2015, f. 12-10-15, cert. ef. 1-1-16
WCD 7-2012, f. 11-16-12, cert. ef. 12-28-12
WCD 3-2012(Temp), f. 6-13-12, cert. ef. 7-1-12 thru 12-27-12
Renumbered from 436-001-0265, WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10
WCD 1-2008, f. 6-13-08, cert. ef. 7-1-08
WCD 7-2005, f. 10-20-05, cert. ef. 1-2-06
WCD 6-2005, f. 6-9-05, cert. ef. 7-1-05
WCD 3-2004, f. 3-5-04 cert. ef. 4-1-04
WCD 14-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-04
WCD 8-1998, f. 8-10-98, cert. ef. 9-15-98
WCD 7-1996, f. & cert. ef. 2-12-96
WCD 6-1995(Temp), f. & cert. ef. 7-14-95