In re Compensation of Evans, 050319 ORWC, 16-01277

Case DateMay 03, 2019
CourtOregon
In the Matter of the Compensation of BARBARA A. EVANS, Claimant
WCB No. 16-01277
Oregon Worker Compensation
May 3, 2019
          Ransom Gilbertson Martin et al, Claimant’s Attorneys           SAIF Legal Salem, Defense Attorneys           Reviewing Panel: Members Curey and Lanning.           ORDER ON REVIEW          The SAIF Corporation requests review of Administrative Law Judge (ALJ) Naugle’s order that: (1) found that claimant’s injury claim for a right knee condition was timely filed; and (2) set aside SAIF’s denial of the injury claim. On review, the issues are timeliness of claim filing and compensability.          We adopt and affirm the ALJ’s order.          Claimant’s attorney is entitled to an assessed fee for services on review. ORS 656.382(2). After considering the factors set forth in OAR 438-015-0010(4) and applying them to this case, we find that a reasonable fee for claimant’s attorney’s services on review is $4,500, payable by SAIF. In reaching this conclusion, we have particularly considered the time devoted to the case (as represented by the claimant’s respondent’s brief), the complexity of the issues, the value of the interest involved, the risk that claimant’s counsel may go uncompensated, and the contingent nature of the practice of workers’ compensation law.          Finally...

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