Bill > HB2799

This bill amends Oregon Revised Statute (ORS) 656.386, which governs workers' compensation litigation costs and attorney fees. The key change increases the maximum amount of witness fees, expenses, and costs that can be awarded to a prevailing claimant from $1,500 to $3,500, with an annual adjustment mechanism tied to the average weekly wage computed by the Employment Department. The bill maintains existing provisions allowing attorney fees and cost reimbursement for workers who successfully challenge a denied workers' compensation claim, whether through administrative hearings, workers' compensation board reviews, or court appeals. A "denied claim" is specifically defined as a compensation claim refused by an insurer or self-insured employer on grounds of non-compensability, or claims not responded to within specified timeframes. The bill ensures that these expenses are paid by the insurer or self-insured employer and are in addition to the compensation payable to the claimant. The new law allows for exceeding the $3,500 limit only if the claimant can demonstrate extraordinary circumstances, and mandates that the maximum amount will be automatically adjusted annually based on changes in the average weekly wage.

Business and Industry, Labor and Employment

https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/HB2799