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Biennial review

Biennial review/attorney fees/“388(4)”

As the Board begins its biennial review of its schedule of attorney fees under ORS 656.388(4), it is seeking written comments from parties, practitioners, and the general public. Those written comments should be directed to Kayleen Atkins, WCB’s Executive Assistant at 2601 25th St. SE, Ste. 150, Salem, OR 97302, kayleen.r.atkins@oregon.gov, or via fax at (503)373-1684. The deadline for these comments is October 31, 2018. 

These written comments will be posted on WCB’s website. The comments will be compiled and presented for discussion at Board meetings, where the Members will also consider public testimony. In establishing its attorney fee schedules, the Members shall also consult with the Board of Governors of the Oregon State Bar, as well as consider the contingent nature of the practice of workers' compensation law, the necessity of allowing the broadest access to attorneys by injured workers and shall give consideration to fees earned by attorneys for insurers and self-insured employers. See ORS 656.388(4), (5).

Announcements regarding Board meetings will be electronically distributed to anyone who has registered for these notifications at https://service.govdelivery.com/accounts/ORDCBS/subscriber/new.

Exhibits

Biennial review/attorney fees/”388(4)” – Comments responding to Board’s notice of 12/11/18 public meeting

The Board has scheduled a public meeting for the Members to review and discuss written responses received in reply to the Board’s request for comments regarding its biennial review of its schedule of attorney fees under ORS 656.388(4).  These comments have been posted on WCB’s website since the Board began requesting them in earlier August 2018.  The Members appreciate the time and effort expended by those who responded to the Board’s August - October 2018 invitation for comments.

In establishing its attorney fee schedules, the Members shall also consult with the Board of Governors of the Oregon State Bar, as well as consider the contingent nature of the practice of workers’ compensation law, the necessity of allowing the broadest access to attorneys by injured workers and shall give consideration to fees earned by attorneys for insurers and self-insured employers.  See ORS 656.388(4), (5).  Consistent with this statutory directive, the Members welcome submissions (both written and oral) for their consideration from parties, practitioners, organizations, governmental bodies, and the general public, which address these mandated considerations.

The initial Board meeting has been scheduled for December 11, 2018, at the Board’s Salem office (2601 25th St. SE), at 10 a.m.  (Remote participation for this meeting will also be available from the Board’s Durham, Eugene, and Medford offices.)  In addition to reviewing the previously-submitted written comments, the Members will consider other written comments presented at, or in advance of, that December 11 meeting, as well as public testimony presented at that time

Additional written comments should be directed to Kayleen Atkins, WCB’s Executive Assistant at 2601 25th St. SE, Ste. 150, Salem, OR 97302, kayleen.r.atkins@oregon.gov, or via fax at (503)373-1684.  Any written comments received by the Board on or before December 11 will be considered by the Members.

Exhibits (in response to WCB’s Notice of Public Meeting)

At the Board’s public meeting on December 11, 2018, after considering oral/written presentations responding to the members’ invitation for comments regarding the Board’s biennial review, the members decided to refer rule concepts to an advisory committee.  In addition, parties, practitioners, and the public were encouraged to further participate in this review process.  

Thus, additional written comments regarding rule concepts will be forwarded to the advisory committee.  Those written comments should be directed to Kayleen Atkins, WCB’s Executive Assistant at 2601 25th St. SE, Ste. 150, Salem, OR 97302, kayleen.r.atkins@oregon.gov, or via fax at (503)373-1684.

Exhibits

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