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Workers' Compensation Board raises cost-bill cap to $3,500 effective Jan. 1, 2026

Workers' Compensation Management-Labor Advisory Committee · January 8, 2026
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Summary

The Workers' Compensation Board amended OAR 438-015-0019 to raise the maximum recoverable expenses in cost-bill disputes from $1,500 to $3,500, aligning the rule with House Bill 2799 (2025); the change took effect Jan. 1, 2026.

The Oregon Workers' Compensation Board amended OAR 438-015-0019 to raise the maximum a prevailing claimant may recover for expenses and costs in a cost-bill dispute from $1,500 to $3,500, aligning the rule with House Bill 2799 (2025), MLAC was told. Cathy Ostrand, the Board's assistant managing attorney, said the rule and the bill are effective Jan. 1, 2026.

Board staff and MLAC members described the change as a statutory-conforming update: the rule reflects the higher cap enacted by the Legislature in 2025. Ostrand said updated rule information is available on the Workers' Compensation Board website. The increase will affect fee-recovery calculations in cases where a claimant ultimately prevails on a denied claim.