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.
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.