Effective July 1, 2021 – Oregon Annual Adjustment to Maximum Attorney Fee and Hourly Rate for Statement Fee
The maximum attorney fees awarded under ORS 656.262(11)(a), ORS 656.262(14)(a), and ORS 656.382(2)(d), are tied to the increase in the state’s average weekly wage (SAWW) and have increased by 14.06%. On May 27, 2021, the Board published Bulletin No. 1 which sets forth the new maximum attorney fees. The Bulletin can be found on the Board’s website here.
ORS 656.262(11) – If the insurer or self-insured employer unreasonably delays or unreasonably refuses to pay compensation, attorney fees or costs, or unreasonably delays acceptance or denial of a claim, the insurer or self-insured employer shall be liable for an additional amount up to 25 percent of the amounts then due plus any attorney fees.
The attorney fee awarded under this statute shall not exceed $5,471, absent a showing of extraordinary circumstances.
ORS 656.262(14)(a) – Injured workers have the duty to cooperate and assist the insurer or self-insured employer in the investigation of claims for compensation. Injured workers shall submit to and shall fully cooperate with personal and telephonic interviews and other formal or informal information gathering techniques. Injured workers who are represented by an attorney shall have the right to have the attorney present during any personal or telephonic interview or deposition. If the injured worker is represented by an attorney, the insurer or self-insured employer shall pay the attorney a reasonable attorney fee based upon an hourly rate for actual time spent during the personal or telephonic interview or deposition.
An attorney fee awarded under this statute shall be $418 per hour. OAR 438-015-0033.
ORS 656.308(2)(d) – A reasonable attorney fee shall be awarded to the attorney for the injured worker for the attorney’s appearance and active and meaningful participation in finally prevailing against a responsibility denial.
An attorney fee awarded under this statute shall not exceed $3,946, absent a showing of extraordinary circumstances. OAR 438-015-0038; OAR 438-015-0055(5).
If you have any questions regarding these changes, please contact me at or 503-595-2136.
Posted by Steve Verotsky.