November 2008

MINUTES OF THE WORKERS’ COMPENSATION
EXECUTIVE COMMITTEE MEETING
OF:
November 14, 2008

I. CALL TO ORDER

Chair Somers called the meeting to order at 11:06 a.m. at Willamette Valley Vineyards.

Present in person were: Holly Somers, Matt Roy, Matt Fisher, Chuck Mundorff, Jim Edmunson, Julie Masters, Meg Carman, Jill Riechers, Dale Johnson, Jennifer Roumell, Rob Guarrasi, and Linh Vu.

The following members were absent : Geoff Wren, Jackie Jacobson, Art Stevens, Dean Lederer, and Bette Worcenster (BOG Liaison)

II. MINUTES

The minutes of the October 16, 2008 meeting were approved.

III. CHAIR REPORT

No report.

IV. TREASURER’S REPORT

Treasurer Carman reported. The balance as of August 31, 2008 was $22,224. After deducting additional costs such as Bench Bar, the anticipated end-of-year budget will be $14,717. This results in anticipated deficit of $3,220 for the calendar year, due in large part to conference costs exceeding budget amount.

The budget for 2009 was presented. Costs for Salishan are expected to increase as previously discussed. Membership fees increase only minimally. The increase in costs results in a deficit of $6,395 for the next calendar year. The section will still be in the black, although the 2009 end-of-year balance is budgeted to be smaller than in prior years.

The budget was approved.

V. COMMITTEE REPORTS

A. Salishan

Member Mundorff reported. The committee currently has 9 members. Committee is working to identify a keynote speaker and is talking to Judge Mustafa Kasubhai. Member Johnson is working to identify a speaker for Access to Justice. Contracts are signed.

B. Communications

Member Masters noted concern voiced by some section members regarding the late Save the Date notice for Bench Bar, so she will make sure notices are sent out earlier for Salishan. The committee agreed this was a good idea.

C. Daughtry Award

No Report.

D. Legislative and Rules

Member Roumell reported. Gary Wallmark agreed to serve. No additional report.

E. Bench Bar

Member Riechers noted that we saved money. The bar could have charged up to $1,500 for additional processing costs, but is only charging $250. Chair Somers congratulated Member Riechers for an excellent job at coordinating this year’s event. Member Riechers thanked her committee members.

F. Access to Justice
M
Member Johnson reported. The committee has not met since the last EC meeting. They will meet Monday, November 17, 2008. Focus will be on change of leadership for next year.

G. Going Forward

Member Lederer provided a report via email, which was read by Chair Somers. Committee met on November 7, 2008 via conference call. The committee is still in its research and investigation process. Much of the information now is anecdotal and will be compiled. The committee secured lists of members for 1998, 2001, and 2008. Membership in the section has dropped from over 600 to 345. The drop off occurred largely between 1998 and 2001. The committee will investigate whether this decrease was primarily in the claimant’s bar versus the defense bar.

Committee studied WCD data showing a steady decrease in Requests for Hearing. Unsure how many filed by unrepresented claimants. Unsure how many unrepresented claimants are proceeding to hearing because they cannot find counsel, which is an issue the committee will study further.

VI. OLD BUSINESS

Need to vote on $1,000 contribution to OLIO. Opportunities for Law In Oregon, which is part of Affirmative Action program for the Oregon State Bar. Member Johnson attended the bowling fundraising event. There were no other WC practitioners there. The Access to Justice Committee’s mission tracks the Affirmative Action committee’s mission from the Oregon State Bar. Access to Justice recommends a $1,000 contribution by the section. Member Carman noted that we donated $2,000 to Campaign for Equal Justice in fiscal year 2008, which is $1,000 more than before. Treasurer Carman raised concerns about the amount of money being donated for charitable purposes. Chair Somers also raised concern about taking dues from section members and giving them to charitable organizations. She agreed that these are excellent organizations; however had concern when it’s outside WC arena.

Treasurer Carman noted that we are running a deficit next year, which is of additional concern regarding our ability to support this contribution. The budget currently has $1,000 committed to Campaign for Equal Justice, and $1,000 for “Contributions.” Member Vu questioned whether there are other, more direct ways for this section to recruit minority members rather than simply donating money. Member Edmunson was also concerned about trying to contribute to every good cause that requests money.

Chair Somers asked that we table this discussion to the next meeting. The committee agreed.

VII. NEW BUSINESS

Member Mundorff raised issue with the lack of procedural rules regarding hearings performed on the record. These have gotten sloppy and there are objections, etc., as to admission of documents. Judges have asked that the Rules Committee consider this issue and recommend rules for administering these proceedings such as preliminary conferences to discuss issues, admission of documents, etc. This would allow a more consistent means of developing a record. Member Roy made the motion to refer to the Rules Committee for consideration of new rules. Seconded by member Roumell. Passed unanimously.

The meeting was adjourned at 11:36 a.m.