MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING OF: October 8, 2004
I. CALL TO ORDER
Chair Hepburn called the meeting to order at 12:00 p.m. at the OSB offices. The following members were present in-person: Chair Rodger Hepburn, Chair-Elect Abigail Herman, Secretary Martin Alvey, Shelley Edling, Matthew Roy, Dean Lederer, Linh Vu, Keith Kekauoha, Chuck Mundorff . On the phone were Treasurer Debra Ehrman, Holly Somers, and Meg Carman. Not present were Mark Thesing, Sandra Haynes, Past-Chair Phil Garrow and Art Stevens. Also present was Suzanne Cushing of the Oregon State Bar.
II. MINUTES OF THE LAST MEETING
The minutes of the September 8, 2004 meeting were approved.
III. CHAIR REPORT
The Committee commenced the meeting with our guests, Board Chair Maureen Bock and Presiding ALJ John McCullough.
1. A discussion was held regarding the new procedure for the approval of Stipulations and Disputed Claim Settlements.
A. One concern voiced was that the Orders of Dismissal approving settlements are not containing language dismissing the request for hearing with prejudice. ALJ McCullough expressed the view that the parties were certainly free to include their agreement as to whether the dismissal was with or without prejudice in the settlement agreement, or specifically ask the that the Order of Dismissal contain language dismissing the request for hearing with prejudice.
B. Another topic discussed was whether it was permissible for the parties to draft their own Order of Dismissal for submission with the settlement documents on those occasions when the circumstances called for the issuance of an Order on an expedited basis. ALJ McCullough noted that this would not be allowed under the current rules, but that the parties could request expedited review, and ask that a copy of the Order of Dismissal be faxed to one of the parties shortly after it has been signed.
2. A second topic discussed was the Board’s implementation of a new reporting system which
would be digital, and which would be operated by the ALJ; the court reporters would be eventually phased out of the system. Board Chair Bock explained the history of the analog devices currently being used, the process the Board went through to acquire the digital replacement equipment, the manner in which the system would operate. When fully implemented, the transcript of a hearing would be stored on the Board’s server. Parties and ALJ’s could have access to the recording by accessing the Board’s server and downloading a .wav file. The pay back period for the new system is approximately one year. The Board will maintain a double system for a period of time while the new system is being implemented.
3. The current backlog of postponed cases was also discussed with Board Chair Bock and
Presiding ALJ McCullough. The time lag as of the meeting was about 8 months between the time a hearing was postponed and when it was reset. Some of the backlog developed over the summer months due to vacations. Multiple insurer cases where the ALJ controlled the setting of the hearing were discussed. The Board hoped to get the backlog down to six months in the near future.
IV. TREASURER’S REPORT
The proposed budget for the next year was discussed and copies of the Section Budget Worksheet were distributed to members. No bank balance was available. The final budget will be approved at the next meeting.
V. COMMITTEE REPORTS
A. Salishan. Roger Ousey will no longer be coordinating production of the CLE book. Sally Curey has agreed to be a co-chair. There were technical difficulties at the committee’s meeting in September so not much was accomplished. The next meeting will be October 21, 2004.
B. Communications. No report.
C. Daughtry Award. No report.
D. Legislative. No report from the committee. A proposal was made by Meg Carmen to have a bill introduced to mandate that cases be reset within 120 days of the date they are postponed. This topic will be passed along to the Legislative co-chairs.
E. Bench/Bar. The program is set for November 12, 2004. Brad Garber has agreed to speak. Katherine Rosenbaum and Sandy Haynes are working on getting additional speakers. Willamette Valley Vineyards is all lined up for a catered meal. The Executive Committee will meet at 12:00 noon-before the meeting.
F. Race/Ethnic. The committee was neutral on whether the Executive Committee should make a contribution to the Oregon Minority Lawyer.
G. Rules. No report, except as noted above. Parties can not submit their own Orders of Dismissal.
VII. OLD BUSINESS:
None
VIII. NEW BUSINESS:
None.
Meeting adjourned at 1:45 p.m.