1. (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 attorney may file a request for a specific fee, which the attorney believes to be reasonable.

2. (2) The request shall be considered by the Board if:

   1. (a) The request is filed no later than 14 days from the date of filing of the last appellate brief under OAR 438-011-0020;
   2. (b) The request describes in detail the manner in which the factors set forth in OAR 438-015-0010(4) specifically apply to the case, as well as any other information deemed relevant; and
   3. (c) A copy of the request is simultaneously served upon the attorneys who appeared at hearing and on Board review in the manner provided in OAR 438-005-0046(2)(a) and proof of such service is provided in accordance with 438-005-0046(2)(b).

3. (3) A written response raising objection to the request shall be considered by the Board if:

   1. (a) The response is filed no later than 14 days from the date of filing of claimant's attorney's request for a specific fee under subsection (2)(a) of this rule; and
   2. (b) A copy of the response is simultaneously served upon the attorneys who appeared at hearing and on Board review in the manner provided in OAR 438-005-0046(2)(a) and proof of such service is provided in accordance with 438-005-0046(2)(b).
4. (4) A request or response that does not comply with this rule shall not be considered by the Board in determining the amount of a reasonable assessed fee.

Statutory/Other Authority

ORS 654.025(2) & ORS 656.726(5)

Statutes/Other Implemented

ORS 656.382(2), 656.386(1) & 656.388(3)

History

WCB 2-2012, f. 11-13-12, cert. ef. 1-1-13
WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95
WCB 1-1992, f. 3-5-92, cert. ef. 4-6-92