MINUTES OF THE WORKERS’ COMPENSATION
EXECUTIVE COMMITTEE MEETING
OF:
October 16, 2008
I. CALL TO ORDER
Chair Somers called the meeting to order at 12:05 p.m. at the offices of the Oregon State Bar.
Present in person were: Holly Somers, Matt Fisher, Jackie Jacobson, Chuck Mundorff, Julie Masters, Jill Riechers, and Suzanne Cushing (OSB Liaison).
Present via telephone were: Jennifer Roumell, Dale Johnson, Jim Edmunson, Matthew Roy, Art Stevens, and Geoff Wren.
The following members were absent: Linh Vu, Meg Carman, Rob Guarrasi, Dean Lederer, Bette Worcester (BOG Liaison).
II. MINUTES
The minutes of the September 12, 2008 meeting were reviewed and amendments were made. The minutes will be revised as amended. Chair Somers moved for approval of the amended minutes, which was seconded by Member Mundorff. The amended minutes were approved unanimously, and are attached to these minutes.
III. CHAIR REPORT
Chair Somers had no report and deferred to Suzanne Cushing for announcements from the Bar.
The Bar requests the section designate an Executive Committee member as a legislative contact for 2009. Jennifer Roumell agreed to assume this position. She is to contact the bar at (503) 431-6358.
The Bar will sponsor a Legislative Tips Workshop on January 8, 2009.
The Bar’s 2009 Leadership Workshop will also be held on January 8, 2009. The following officers should attend the workshop: Chair, Chair-Elect, and Treasurer. The workshop will be held at the offices of the Oregon State Bar.
IV. TREASURER’S REPORT
No report
V. COMMITTEE REPORTS
A. Salishan
Member Mundorff reported. First meeting will be October 30, 2008. Additional information such as practice tips, bar news and notes, etc., will be provided in the conference book. All meetings are already scheduled through the date of the conference
Access to Justice Committee may sponsor speaker/topic to help provide credit for Diversity credit. This is being done at Bench/Bar, but Member Johnson will try to identify another speaker for this as well.
B. Communications
Member Masters put together a card for new membership recruitment and identification. She attended the swearing-in ceremony, and the cards were available. Only cost about $37.00 for printing. No calls yet, but still waiting.
Annual report for 2006 is on website. The online roster is also updated.
C. Daughtry Award
No Report.
D. Legislative and Rules
Member Roumell reported. The committee held a conference call last Monday. The committee recommended appointment of a new member, Gary Wallmark, who works at SAIF. Chair Somers will appoint Mr. Wallmark, and no vote is needed by Executive Committee.
Selected new co-chairs, Chris Moore and Thad Hettle.
First issue involved anonymous annual ALJ surveys as previously identified by Chair Somers (i.e., not the 4-year surveys completed by the Board). Chair Somers previously noted lack of response by practitioners. For example, only one member of the committee had actually responded to the survey in the last year. The committee had a lengthy discussion of this issue. Committee suggested re-working the questions that are asked, whether they can be completed online, and asks the Executive Committee to make this recommendation to WCB. There was no recommendation for substantive legislative or rule change on this issue. Chair Somers stated the questions may be outlined by statute.
Member Masters noted the automation aspect would likely increase participation. Chair Somers agreed this may increase responses. At most, there were only 21 responses for any one judge, out of over 360 practitioners. Chair Somers will look at statute to see if any changes can be made to the questions. Chair Somers will present the idea of putting the survey online to Chair Herman. Increased participation will help prevent skewed results that can result from fewer responses. Will consider sending link via listserve. Member Stevens noted that the Circuit Courts request surveys in the same manner, which is routed through the Oregon State Bar website. There is also a system call “Survey Monkey,” that may be available.
Second issue involved use of interpreters at WRMEs, IMEs, and Medical Arbiter examinations. WCD will schedule for arbiter examination. Does WCD need a directive considering WCD states it does so only as a courtesy? Most IME providers already provide interpreters. Committee recommends referring this issue to Access to Justice to analyze and comment on whether there is an actual problem that needs to be addressed. Member Johnson will do so. He also commented about an interpreter coming late for an arbiter examination, and there was concern because there is not an opportunity to get a new examination even though there was no interpreter present.
E. Bench Bar
Forum scheduled for November 14, 2008, which will also be the next EC meeting (starts at 11:00 a.m. at Willamette Valley Vineyards). Will check on whether a save the date card went out.
Member Riechers reported. Linda Meng from the City Attorney’s Office will discuss past and present legal issues involving minorities.
One panel will discuss conflicts of interest and ex-parte communications. The panel will consist of Brian Greene, Norm Cole, Dan Spencer, and Claudette McWilliams.
Other panel (Mike Strooband and David O. Wilson) will discuss issues regarding discovery and extent of discoverable documents.
Contracts have been approved. OSB’s cost increased from $5 to $7 per registrant. This may increase cost by $250 – $300.
The brochure will be completed upon receipt of some additional information. Non-Members may join the section as late as 10/31/08, but membership ends at end of December. May be done via website to facilitate enrollment. This information will be included in the flyer. WCB / Hearings Division facilities have been used to distribute information about the Bench Bar Forum. No hearings are scheduled for that day. Member Riechers will verify with WCB Chair Herman about placing notices in Hearings Division locations again.
Suzanne recommended Member Riechers contact Denise Cline at OSB to verify credits will be authorized.
F. Access to Justice
M
Member Johnson reported. Met with Jennifer Flood, the WCD Ombudsman’s Chief, on September 25, 2008. Her contact number is (503) 947-7031. Ms. Flood provided information regarding non-English speaking callers. Ms. Flood requested a list of attorneys willing to take WC cases, physicians and attorneys that will take non-English speaking WC patients/clients.
Next meeting will involve identifying new leadership for this committee. The Oregon Board of Medical Examiners website indicates whether a physician speaks a foreign language. Member Stevens raised concern about whether MCO limitations could interfere with ability to treat with a physician that speaks the worker’s language. This may require some legislative or rule-making changes, and should be examined.
Going Forward
Member Lederer provided a report via email, which was read by Chair Somers. There was question about reimbursement of subcommittee members for travel. This became moot because nobody requested it. Chair Somers indicated the by-laws address the issue and permit reimbursement. EC does not need to issue advisory opinion.
First meeting held in August. Committee wants to identify problems and develop solutions. New name will be “Going Forward Committee.” Looking to recruitment of new practitioners and retention of practitioners. Committee will develop sub-tasks to analyze process of hiring new associates and keeping them in the practice of workers’ compensation.
Chair Somers was contacted by Betsy Woskow about why she left a claimant’s practice. Member Mundorff was also contact by Keith Semple regarding the same. This indicates the committee is already in the process of working to develop information.
Member Johnson would like this committee to present at Salishan regarding the results and recommendations.
OLD BUSINESS
No old business.
VII. NEW BUSINESS
Member Johnson announced that Oregon State Bar, on December 4, 2008, at a 6:00 p.m. dinner awards ceremony, will award section member, Ev Malagon, with the Membership Services Award. Seats can be purchased for $60.00. A table can also be purchased. These tickets go quickly.
Member Masters discussed the email on the listserve regarding reduction of carbon emissions, etc. A committee at the Board met to develop a proposal. Video conferencing was discussed, as well as telephone testimony. The committee acknowledged telephone testimony is not as effective. Federal Courts use video conferencing, which assists judges and parties in observation of testimony. Member Stevens has used video testimony regularly, such as SSDI cases. SSDI Judge Mower discussed this issue at the last Salishan conference. Member Stevens believes the process is very effective and there is no loss of due process. Member Jacobson noted there is concern over who will pay for the facilities and equipment.
Chair Somers received an email from the Bar about a survey to this committee and a few others, asking about video conferencing. It wanted to know if the section uses video conferences, requests identification of barriers, etc. The Hearings Division is looking into this for inmate hearings because jails and prisons usually already have these facilities. Chair Somers discussed the issue with the state and learned that there was a prior attempt to coordinate with the federal facilities, but inter-governmental red tape prevented it. The state would therefore need to provide its own. Member Roy has also had positive experiences.
Member Jacobson recommends talking to court reporting companies because many already have these facilities.
Member Masters moved that the Executive Committee make a formal recommendation that the Board perform a cost-benefit analysis regarding video conferencing. Chair Elect Roy seconds the motion. Member Riechers requested the analysis also include consideration of concerns from practitioners regarding due process and quality of hearings. Member Masters acknowledged the motion as amended. Motion passed unanimously.
The meeting was adjourned at 1:07 p.m.