October 2007

MINUTES OF THE WORKERS’ COMPENSATION SECTION

EXECUTIVE COMMITTEE MEETING

October 19, 2007

I. CALLED TO ORDER:

Chair Linh Vu called the meeting to order at 12:12 p.m. Present in person were:

Robert Guarrasi; Jill Riechers; Mustafa Kasubhai; Dean Lederer; Martin Alvey – Past Chair; Linh Vu – Chair; Chuck Mundorff; Suzanne Cushing OSB Representative; and Matthew Roy Secretary.

Present by phone were:

Julie Masters and Matthew Fisher

Chair Linh Vu stated that the next meeting for the Executive Meeting would be at the Bench Bar Forum. She also did an inquiry looking for names of members of the section that switched sides from claimant to defense or defense to claimant for an article that was being considered.

II. MINUTES:

The minutes were unanimously approved.

III. CAMPAIGN FOR EQUAL JUSTICE FOR CONTRIBUTION:

The Campaign for Equal Justice has indicated that they would like us to contribute $3,500 towards their efforts. There was a copious discussion on whether we can do it, how much we can do, will it affect Salishan. There was a motion to approve $2,500 by Mustafa Kasubhai with Robert Guarrasi seconding the motion. The members voted and that motion failed. We discussed a line item increase of $2,000 and Martin Alvey moved that amount be approved. Mustafa Kasubhai seconded that motion and it passed unanimously.

IV. BENCH BAR FORUM:

Jill Riechers discussed the Bench Bar Forum and that they had flyers ready to go out. Apparently, the contracts were in approval status and everything seems to be falling into place. She indicated the brochure would go out soon and that the Bar would be working on the name tags to be printed.

V. ATTORNEY FEE INCREASE:

It was mentioned that Bob Carlson filed the petition with the Workers’ Compensation Board for an increase in fees, in effect, removing the 10% cap on CDA’s and DCS’s. There was much discussion on this topic with some very strong proponents of their respective positions. Julie Masters, representing SAIF, indicated that SAIF may oppose because they are worried that it may drive up settlement amounts. Dean Lederer stated in his very strong position that he was in favor of removal of the caps as, in his opinion, he did not believe this would increase settlement values as they would value the case the same. There was discussion that labor has historically opposed the removal of the caps, but the pendulum may be swinging. The Workers’ Compensation Board was seeking comments or opinions from the Workers’ Compensation Executive Committee, and Martin Alvey moved that we voice our opinion as in favor of removing the 10% cap on CDA’s and DCS’s. Dean Lederer seconded the motion. The motion passed.

VI. MUSTAFA KASUBHAI:

Mustafa Kasubhai talked about various rule changes that are in the works, including CDA approval, extension of time matters, including deleting the “passive business is not an extraordinary circumstances language.” Also, discuss was had regarding the cost bill and there were many ideas about exactly how to do that, including separating costs from the Opinion and Order. That was tabled to the next meeting and Martin Alvey was going to give an update at the next meeting.

Julie Masters was going to put the Bench Bar information on our website, and we postponed discussion on the Access to Justice Issue until Holly Somers and Geoffrey Wren were able to be present.

The meeting adjourned at approximately 1:30 p.m.