In re Comp. of Hansen, WCB Case No. 20-02715

• Citation: 73 Van Natta 552
• Decision Date: 13 July 2021
• Docket Number: WCB Case No. 20-01940,WCB Case No. 20-02715
• Parties: In the Matter of the Compensation of SHAWN M. HANSEN, Claimant
• Court: Oregon Workers' Compensation Division

73 Van Natta 552

In the Matter of the Compensation of

SHAWN M. HANSEN, Claimant

WCB Case No. 20-02715

WCB Case No. 20-01940

Oregon Workers' Compensation Division

July 13, 2021

ORDER OF DISMISSAL

Dodge and Associates, Claimant Attorneys

MacColl Busch Sato PC, Defense Attorneys

Reviewing Panel: Members Ousey and Woodford.

The self-insured employer requested review of that portion of Administrative Law Judge (ALJ) Wren's order that set aside its denial of claimant's "ceases" denial. The parties have submitted a proposed "Stipulations and Disputed Claim Settlement" (DCS), as well as an "addendum," that is designed to resolve all issues raised or raisable between them, in lieu of the ALJ's order.

Pursuant to the DCS, claimant understands that the employer's denial, as supplemented in the agreement, "shall be affirmed." The parties further agree that "the Requests for Hearing * * * shall be dismissed with prejudice."

We have approved the parties' settlement, thereby fully and finally resolving their dispute, in lieu of the prior order.¹ Accordingly, this matter is dismissed with prejudice.

IT IS SO ORDERED.

Entered at Salem, Oregon on July 13, 2021

1. The DCS provides for claimant's attorney to receive a total fee of $15,362.50, out of total settlement proceeds of $43,450. This fee exceeds the limit of 25 percent of the first $50,000 of settlement proceeds, absent extraordinary circumstances, under OAR 438-015-0050(1). However, the DCS "addendum" stipulates that "extraordinary circumstances" (protracted litigation, complex substantive issues defended on multiple bases by the employer leading to protracted litigation, and claimant's counsel's success at hearing resulting in an attorney fee award) justify an attorney fee that exceeds the "standard" fee under OAR 438-015-0050(1). These circumstances, particularly the protracted litigation of this disputed claim and claimant's counsel's prior success (which previously resulted in the ALJ's; attorney fee award), are sufficient to justify the "extraordinary" attorney fee included in the DCS.