Oregon Annual Adjustment to Maximum Attorney Fees Effective July 1, 2023
It’s that time of year again, the Oregon Workers’ Compensation Board published the annual adjustment to attorney fees awarded under ORS 656.262(11)(a); ORS 656.262(14)(a); and ORS 656.308(2)(d). This year–there’s a twist: there was no increase to the maximum attorney fees.
Per ORS 656.262(11)(a) and ORS 656.308(2), maximum attorney fees under these subsections are adjusted annually by the same percentage made to the state’s average weekly wage (SAWW). OAR 438- 015-0038, OAR 438-015-0055(5), OAR 438-015-0110(3), and OAR 438-015-0033, provide that the maximum attorney fee is subject to the annual adjustment by the same percentage increase as made to the SAWW as calculated by the WCD.
This year, the SAWW decreased. Therefore, the rules mandate that the maximum attorney fees do not increase for attorney fees awarded under ORS 656.262(11)(a); ORS 656.262(14)(a); and ORS 656.308(2)(d). They remain the same as the prior year.
The maximum fee amount applies to attorney fees under the three statutes through June 30, 2024 until the new annual adjustment rate goes into effect.
- ORS 656.262(11)(a)- this statute applies to attorney fees awarded for unreasonable delays or unreasonable refusal to pay compensation (i.e. unreasonable claim processing). Based on the SAWW decreasing, the maximum attorney fee remains $5,813.00 absent a showing of extraordinary circumstances.
- ORS 656.262(14)(a)- this statute applies to attorney fees for a worker’s attorney who participates in interviews or depositions related to initial claim investigation. These fees are not awarded fees by an ALJ, rather the statute requires the insurer to pay the attorney a reasonable fee based on an hourly rate for the “actual time spent” during the interview or deposition. The maximum attorney fee remains $444.00 per hour. This attorney fee is not subject to a “showing of extraordinary circumstances.”
- ORS 656.308(2)(d)- this statute applies to attorney fees awarded for prevailing over a responsibility denial. The maximum attorney fee remains $4,193.00 absent a showing of extraordinary circumstances.
If you have any questions regarding the SAWW adjustment and its impact on attorney fees, please do not hesitate to contact me at 503-595-6107 or .
Posted by Megan Vaniman.
