In re Compensation of Kelley, 062420 ORWC, 19-00931

• Case Date: June 24, 2020
• Court: Oregon

In the Matter of the Compensation of AARON N. KELLEY, Claimant WCB No. 19-00931 Oregon Worker Compensation June 24, 2020           Julene M Quinn LLC, Claimant Attorneys.           Gress, Clark, Young, & Schoepper, Defense Attorneys.           Reviewing Panel: Members Woodford and Lanning.          ORDER ON REVIEW          The self-insured employer requests review of Administrative Law Judge (ALJ) Fleischman’s order that set aside its denials of new/omitted medical condition claims for L4-5 annular injury and L3-4 annular tear. On review, the issue is compensability.          We adopt and affirm the ALJ’s order.          Claimant’s counsel 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), we find that a reasonable fee for claimant’s attorney’s services on review is $6,486, payable by the employer. In reaching this conclusion, we have particularly considered the time devoted to the case (as represented by claimant’s respondent’s brief and his counsel’s uncontested fee submission), the complexity of the issues, the values of the interests involved, the risks that counsel may go uncompensated, and the contingent nature of the practice of workers’ compensation law.          Finally, claimant is awarded...