Schoch v. Leupold

Claimant seeks review of an order of the Workers’ Compensation Board awarding attorney fees of $4,200 pursuant to ORS 656.386(1), for claimant’s successful challenge of employer’s denial of two of her conditions. She contends that the Board erred in failing to approve her requested fee, which was based on an hourly rate of $175 for the attorney, $60 for the paralegal and a contingency multiplier of 1.5. We review the Board’s award of attorney fees for an abuse of discretion, Weyerhaeuser Co. v. Fillmore, 98 Or App 567, 779 P2d 1102 (1989), and vacate the award and remand for reconsideration.

Th…