74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to A-Eng. SB 404
 
LC 274/SB 404-A4
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 404
 
               By COMMITTEE ON BUSINESS AND LABOR
 
                             June 4
 
  On page 1 of the printed A-engrossed bill, line 2, after '
656.386' insert 'and 656.388'.
  On page 2, after line 14, insert:
  '  { +  SECTION 3. + } ORS 656.388 is amended to read:
  ' 656.388. (1) No claim or payment for legal services by an
attorney representing the worker or for any other services
rendered before an Administrative Law Judge or the Workers'
Compensation Board, as the case may be, in respect to any claim
or award for compensation to or on account of any person, shall
be valid unless approved by the Administrative Law Judge or
board, or if proceedings on appeal from the order of the board
with respect to such claim or award are had before any court,
unless approved by such court. In cases in which a claimant
finally prevails after remand from the Supreme Court, Court of
Appeals or board, then the Administrative Law Judge, board or
appellate court shall approve or allow a reasonable attorney fee
for services before every prior forum as authorized under ORS
656.307 (5), 656.308 (2), 656.382 or 656.386. No attorney fees
shall be approved or allowed for representation of the claimant
before the managed care organization or Director of the
Department of Consumer and Business Services except for
representation at the contested case hearing.
  ' (2) Any claim for payment to a claimant's attorney by the
claimant so approved shall, in the manner and to the extent fixed
by the Administrative Law Judge, board or such court, be a lien
upon compensation.
  '  { +  (3) If an injured worker signs an attorney fee
agreement with an attorney for representation on a claim made
pursuant to this chapter and additional compensation is awarded
to the worker or a settlement agreement is consummated on the
claim after the fee agreement is signed and it is shown that the
attorney with whom the fee agreement was signed was instrumental
in obtaining the additional compensation or settling the claim,
the Administrative Law Judge or the board shall grant the
attorney a lien for attorney fees out of the additional
compensation awarded or proceeds of the settlement in accordance
with rules adopted by the board governing the payment of attorney
fees. + }
  '  { - (3) - }   { + (4) + } The board shall, after
consultation with the Board of Governors of the Oregon State Bar,
establish a schedule of fees for attorneys representing a worker
and representing an insurer or self-insured employer, under this
chapter.
  '  { - (4) - }   { + (5) + } The board shall approve no claim
for legal services by an attorney representing a claimant to be
paid by the claimant if fees have been awarded to the claimant or
the attorney of the claimant in connection with the same
proceeding under ORS 656.268.
  '  { - (5) - }   { + (6) + } Insurers and self-insured
employers shall make an annual report to the Director of the
Department of Consumer and Business Services reporting attorney
salaries and other costs of legal services incurred pursuant to
this chapter. The report shall be in such form and shall contain
such information as the director prescribes.
  '  { +  SECTION 4. + }  { + The amendments to ORS 656.388 by
section 3 of this 2007 Act apply to all claims in which an order
that grants attorney fees is issued after the effective date of
this 2007 Act, regardless of the date of injury. + } ' .
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