Wal-Mart Associates, Inc. v. Lamb

Upon awarding attorney fees to a claimant under OAR 438-015-0010(4), an Administrative Law Judge or Board is required to explain in its order each of the enumerated factors listed under OAR 438-015-0010(4) as they contribute to the decision to award attorney fees.

Wal-Mart Associates, Inc. (Petitioner) was the employer of Lamb (Respondent). Petitioner sought review of an order from the Worker’s Compensation Board, raising three assignments of error. The Court rejected the first and second assignments, but addressed the third one, which claimed the Board’s decision to award Respondent $18,000 in attorney fees was in error. On appeal, Petitioner argued that the Board did not adequately explain the basis for its decision to award attorney fees to Respondent, since its order merely recited that it considered some of the factors listed in OAR 438-015-0010(4). The Court agreed, and held that the record lacked any rationale for the award of attorney fees, since the Board’s “mere recitation” did not adequately explain the award. Reversed and remanded for consideration of the award of attorney fees.