71 Van Natta 462 (2019)
In the Matter of the Compensation of HEATHER M. GREENE, Claimant
WCB No. 18-02068
Oregon Worker Compensation
April 24, 2019
Moore
& Jensen, Claimant Attorneys
SAIF
Legal Salem, Defense Attorneys
Reviewing Panel: Members Curey and Ousey.
ORDER ON REVIEW
The
SAIF Corporation requests review of that portion of
Administrative Law Judge (ALJ) Mills’s order that set
aside its denial of claimant’s aggravation claim for
lumbar conditions. Claimant cross-requests review of that
portion of the ALJ’s order that awarded an $8,000
attorney fee under ORS 656.386(1). On review, the issues are
aggravation and attorney fees. We affirm in part and modify
in part.
FINDINGS
OF FACT
We
adopt the ALJ’s “Findings of Fact.”
CONCLUSIONS
OF LAW AND OPINION
The ALJ
found claimant’s aggravation claim compensable.
See ORS 656.273(1);[1] Fernandez v. M & M
Reforestation, 124 Or.App. 38 (1993). We adopt and
affirm that portion of the ALJ’s order.[2]
[71 Van
Natta 463] The ALJ also awarded an $8,000 insurer-paid
attorney fee under ORS 656.386(1). Claimant disagrees with
the ALJ’s attorney fee award, asserting that $12,000 is
a reasonable attorney fee for her counsel’s services
rendered at the hearing level. In doing so, claimant notes
that her counsel traveled from his Eugene office to the Salem
hearing, that substantial benefits were secured, and mentions
her counsel’s extensive experience (over 36 years). In
response, SAIF asserts that the ALJ’s $8,000 attorney
fee award was reasonable. For the following reasons, we
modify the ALJ’s award.
We
review the ALJ’s attorney fee award de novo,
considering the specific contentions raised at the hearing
level and on review, in light of the factors set forth in OAR
438-015-0010(4) as applied to the particular circumstances of
this case. See Schoch v. Leopold & Stevens, 325
Or. 112, 118-19 (1997) (in determining a reasonable assessed
attorney fee, the factors set forth in OAR 438-015-0010(4)
are applied to the...
