Attorney Can Collect Fee Based on Denial of Employer's Petition for Review

The Oregon Supreme Court on Thursday ruled that a worker’s attorney is entitled to an award of $2,200 in fees because the worker “prevailed” against the denial of his claim when the Supreme Court denied a petition for review. Under Oregon law, attorneys representing workers’ compensation claimants may not recover a fee for legal services performed on appeal, without judicial approval. Oregon Revised Statues Section 656.386(1)(a) provides for a “reasonable” fee in “all cases involving denied claims where a claimant finally prevails against the denial ...