June 2008

MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING
OF:
June 20, 2008

I. CALL TO ORDER

Chair Holly Somers called the meeting to order at 12:10 p.m. at the offices of the Oregon State Bar.

Present in person were: Holly Somers, Matthew Roy, Julie Masters, Dean Lederer, Dale Johnson, Jill Riechers, and Rob Guarrasi.

Present via telephone were: Matt Fisher, Jennifer Roumell, Geoff Wren, and Meg Carman

The following members were absent: Art Stevens, Linh Vu, Chuck Mundorff, and Mark Thesing, and Mustafa Kasubhai

II. MINUTES

The minutes of the May 16, 2008 meeting were reviewed and amendments were made to the statements regarding Legal Aid’s contribution to needy injured workers. The amended minutes were approved unanimously.

III. CHAIR REPORT

Chair Somers will ask Sarah Hackbart to change the name of Race Ethnic to Access to Justice on the master agenda.

Chair Somers received a request from Friends of OLIO to financially contribute to the Opportunity for Law in Oregon. Discussion was that bar members already contributed to the Affirmative Action committee of the bar via annual bar dues. We are already contributing to Access to Justice and need to be careful of multiple requests for money. This request was referred to the Access to Justice subcommittee for review and comment.

Chair Somers reminded the committee that there will not be New Member Packets distributed by OSB. We did receive an email with a list of new members. We will use it to send a flyer with dates to the Bench / Bar Forum. OSB will also send a flyer at our expense. Member Masters volunteered to contact Anna at OSB design a flyer reminding of free first year membership to the section, as well as the Bench / Bar Forum and Salishan. Anna will be asked to also design and send an email to the distribution list.

Chair Somers spoke with WCB Chair Herman about the annual ALJ survey. ALJ’s must be reviewed every 4 years per statute, and reviews are not anonymous. There is an annual anonymous survey that is tallied and published. The section has about 360 members, but WCB only received 15-20 responses per ALJ. This indicates a lack of sufficient representation and use by practitioners, and raises question of whether the surveys have any real effect. There was concern about “recruiting” practitioners to write good or bad reviews. Recommendations to change should not come from WCB.

The surveys are expensive to perform, yet statutorily required. The issue of ALJ surveys was referred to the Legislative / Rules subcommittee to make a recommendation to the EC as to whether the EC should even make a proposal to WCB. Member Guarrasi suggested WCB look into the civil court system of recusal. Chair Somers noted the survey issue is different than the recusal issue, but the Legislative / Rules subcommittee may still consider review and comment of the recusal rules.

Member Lederer moved to refer the issue of “Judicial Accountability” to Legislative / Rules. Chair Somers, Member Wren, and Member Riechers abstained from the vote. The Motion passed unanimously after abstentions.

IV. TREASURER’S REPORT

Report was given by Member Carman. Salishan was successful, and the section made approximately $2,000. However, we are still waiting for final bills, etc., prior to finalizing that number.

The section membership is down from 362 to 357 members. There is approximately $20,000 in the section’s account. The section is still paying its monthly expenses and will pay for the Bench / Bar Forum out of this balance.

V. COMMITTEE REPORTS

A. Salishan

No Report.

B. Communications

No Report.

C. Daughtry Award

No Report.

D. Legislative

No report.

E. Bench Bar

Member Riechers reported the subcommittee has numerous volunteers. The committee is comprised of:

Claimant’s attorneys: Scott McNutt, Jr., Dan Spencer, Brian Green.

Defense attorneys: Linh Vu, David O. Wilson, Norm Cole.

The forum is scheduled for November 14, 2008 at Willamette Valley Vineyards. WVV requires a $700 deposit and signed contract. Willaby’s catering requires a $1,000 deposit and signed contract. The OSB must review and approve the contracts. Member Riechers will send copies of the contracts to Suzanne Cushing.

The subcommittee will start meeting in early July primarily by telephone conference because they are scattered geographically around the state. It was confirmed the subcommittee can use the OSB’s facilities and (800) phone system. The subcommittee is still open to recommendations for topics and speakers.

ALJ Lipton suggested presentation of a plaque to past Presiding ALJ McCullough for his years of service as the Presiding ALJ. The EC approved this recommendation.

F. Access to Justice
M
Member Johnson welcomed the subcommittee’s newest member, Miranda Plummer. The next meeting is on July 7, 2008 via telephone conference.

The mission statement was presented and is attached to these minutes as an addendum. The EC approved the statement.

Member Johnson handed out material regarding the Affirmative Action Program’s summer clerkship. It is too late to use this for 2008. The program pays $5.00 / hour from the bar. This may increase. The subcommittee will ask Anna at OSB to prepare a flyer to be available at the Bench / Bar Forum. Member Johnson will also make an announcement about the program. The flyer will be sent via the section list serve beforehand.

VI. OLD BUSINESS

No old business.

VII. NEW BUSINESS

A new standing subcommittee was recommended focusing on sustainability of our practice, including recruitment of new lawyers and expanding our practice area. Initial focus will be on recruiting law students. The committee will help prepare basic CLEs geared toward new members, and develop a speakers bureau for lunch time talks. Member Lederer agreed to spearhead this effort. He will utilize the list of section members that requested interest in serving on the EC, but were not selected, for an initial pool of subcommittee members.

Special recognition was given to Member Guarrasi for his homemade Eggplant Parmigiana, and to Member Masters for bringing salads. Members present by telephone expressed deep regret over their inability to enjoy lunch!

The meeting was adjourned at 1:33 p.m.