Cascade In Home Care, LLC v. Hooks

A fee award under ORS 656.382(2) is mandatory, while the filing of specific fee request is optional under OAR 438-015-0029, with the consequence that the board will award a fee that it considers reasonable even in the absence of a specific request. See, e.g., SAIF v. Wart, 192 Or App 505, 520-22, 87 P3d 1138 (2004).

Employer sought review of the Workers’ Compensation Board’s determination of compensation and Claimant cross-petitioned challenging the amount of attorney fees. Claimant argued that because Claimant requested a specific amount of attorney fees and the employer did not object, Claimant was entitled to the full amount under OAR 438-015-0029(1). In response, Employer argued that the granted attorney’s fees were reasonable and Claimant is not entitled to the full requested amount. A fee award under ORS 656.382(2) is mandatory, while the filing of specific fee request is optional under OAR 438-015-0029, with the consequence that the board will award a fee that it considers reasonable even in the absence of a specific request. See, e.g., SAIF v. Wart, 192 Or App 505, 520-22, 87 P3d 1138 (2004). The Court held that while the board has discretion in setting a reasonable attorney fee, the board must articulate how the application of factors supports the amount of fees awarded. Affirmed on petition; reversed and remanded on cross-petition for reconsideration of attorney’s fees