Opinion

Matter of Compensation of Davies

  • 103 Or. App. 280
  • 796 P.2d 1248
Court
Court of Appeals of Oregon
Filed
Sep 5, 1990
Status
Published
Author
Buttler
On the bench
Buttler, Rossman, De Muniz
Cited by
4 cases
Authority
More cited than 76.3%

The opinion

*282

BUTTLER, P. J.

Employer seeks review of an order of the Workers’ Compensation Board affirming the referee’s decision that claimant’s back, neck and shoulder injuries are compensable. Claimant cross-petitions, contending that the Board’s award of attorney fees was inadequate. We affirm without discussion on the petition and reverse and remand on the cross-petition.

Claimant prevailed before the Board on employer’s appeal of the referee’s order setting aside employer’s denial of the claim. He was entitled to an award of employer-paid attorney fees under ORS 656.382(2). Claimant’s counsel submitted a statement of services requesting attorney fees of $1,562.50 for 12.5 hours of service at a rate of $125 per hour. The Board awarded $600, without any explanation for its decision.

In

Weyerhaeuser Co. v. Fillmore,

98 Or App 567 , 779 P2d 1102 (1989), we held that, although the Board is not required in making an award of attorney fees to make findings as to each of the factors described in OAR 438-15-010(6),

1

the Board’s explanation must be detailed enough to inform us that it has considered all of the factors and that there is a reasonable basis for the award. 98 Or App at 571 . Although the Board did not necessarily need to explain why it awarded less than the amount requested, it had to say enough to permit us to determine that there is a reasonable basis for the amount awarded. The Board gave no explanation. Therefore, we remand for reconsideration of attorney fees.

Affirmed on petition; reversed and remanded on cross-petition for reconsideration of attorney fees.

1

OAR 438-15-010(6) provides:

“(6) In any case where a referee or the Board is required to determine a reasonable attorney fee, the following factors shall be considered:

“(a) The time devoted to the case;

“(b) The complexity of the issue(s) involved;

“(c) The value of the interest involved;

“(d) The skill of the attorneys;

“(e) The nature of the proceedings;

“(f) The benefit secured for the represented party;

“(g) The risk in a particular case that an attorney’s efforts may go uncompensated; and

“(h) The assertion of frivolous issues or defenses.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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