Or. Admin. Code § 438-015-0022 - Attorney Fee Lien Procedures
(1) If a former attorney of a claimant
alleges that the former attorney has been instrumental in obtaining additional
compensation or in settling a claim, the former attorney may provide a notice
of potential attorney fee lien to the insurer or the self-insured employer.
Copies of such a notice shall also be simultaneously provided to the claimant
and to the appropriate litigation forum, if there is a pending case before the
Hearings Division or the Board.
(2)
The notice of potential attorney fee lien shall include, but is not limited to,
the following information:
(a) A description
of the former attorney's services that support the allegation that the attorney
was instrumental in obtaining additional compensation or in settling the
claimant's claim;
(b) The amount of
the potential claim;
(c) The amount
of the potential attorney fee lien; and
(d) A copy of an executed retainer agreement
between the claimant and the former attorney.
(3) If the insurer or self-insured employer
has received a notice of a potential attorney fee lien, any proposed disputed
claim settlement, settlement stipulation, or claim disposition agreement shall
include a provision resolving the potential attorney fee lien. Any approval of
a settlement agreement that does not comply with this provision shall be
void.
(4) If the notice of
potential attorney fee lien is disputed, the former attorney, the claimant, the
insurer, or the self-insured employer may file a petition for resolution of the
lien dispute with the forum where litigation involving the claim is pending or,
if there is no pending litigation, with the Hearings Division. The petition
shall include copies of the notice of potential attorney fee lien and the
accompanying materials that were submitted to the claimant and the insurer or
the self-insured employer, as well as any other relevant documents.
(5) If a petition for resolution of a
potential attorney fee lien dispute is filed, the respondent(s) shall be
provided not less than seven days to respond to the petition. The former
attorney shall also be provided not less than seven days to reply to the
responses.
(6) The resolution of a
potential attorney fee lien dispute shall be made by a final, appealable
order.
Notes
Stat. Auth.: ORS 656.726(5)
Stats. Implemented: ORS 656.388(3), 656.726(5)
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