EXHIBIT A
438-006-0064
Prehearing Matters Regarding Multiple Employer/Insurer Cases
(1) In cases where the initially scheduled hearing has been postponed
because of the need to join one or more potentially responsible employers or
insurers, the parties shall participate in any prehearing conferences that the
assigned Administrative Law Judge determines are required to expedite the hearing.
(2) The assigned Administrative Law Judge is authorized to:
(a) Establish a prehearing schedule for investigation of the claim, including
but not limited to the interviewing of the claimant;
(b) Make prehearing rulings necessary to promote full discovery and completion
of the medical record required for determination of the issues arising from
the claim; and
(c) Specify what is required of the claimant to meet the obligation to
reasonably cooperate with the investigation of claims.
(3) The Administrative Law Judge shall reschedule the postponed hearing
as expeditiously as possible after all potentially responsible employers and
insurers have been joined in the proceeding and the medical record is fully
developed.
(4) For purposes of this rule, "parties" includes the claimant,
the employer(s) and insurer(s) already joined in the proceeding, and potentially
responsible employers or insurers not yet joined. Participation in prehearing
conferences under this rule may be through the parties’ legal representatives.
438-015-0110
Attorney Fees in Cases Involving ORS 656.262(11)(a)
If the Director, an Administrative Law Judge, the Board, or the Court find
that the insurer or self-insured employer unreasonably delayed or unreasonably
refused to pay compensation, or unreasonably delayed acceptance or denial of
a claim, an assessed attorney fee shall be awarded in a reasonable amount that:
(1) Is proportionate to the benefit to the claimant;
(2) Takes into consideration the factors set forth in OAR 438-015-0010(4),
giving primary consideration to the results achieved and to the time devoted
to the case; and
(3) Does not exceed $2,000, absent a showing of extraordinary circumstances.