May 2008

MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING
OF:
May 16, 2008 (Amended)

I. CALL TO ORDER

Chair Holly Somers called the meeting to order at 10:45 at Salishan Board Room.

Present in person were: Holly Somers, Matthew Roy, Julie Masters, Art Stevens, Jennifer Roumell, Dale Johnson, Jill Riechers, and Matt Fisher.

The following members were absent: Linh Vu, Meg Carman, Rob Guarassi, Mustafa Kasubhai, Dean Lederer, Chuck Mundorff, Mark Thesing, and Geoff Wren.

No members appeared via telephone.

II. MINUTES

Member Masters moved to approve minutes of the April 18, 2008 meeting, which was second by Member Johnson. The minutes were unanimously approved without amendment.

III. CHAIR REPORT

Chair Somers gave the Treasurer’s report discussed below. She will report the numbers to the general membership at the Annual Meeting. Chair Somers will also report the opportunity for Associate Membership to include the ability to fully participate except for holding officer positions with the EC. Membership fee is $25.

IV. TREASURER’S REPORT

Report was given by Chair Somers. Total section membership is now at 363. The section has an account balance of approximately $15,000.

V. COMMITTEE REPORTS

A. Salishan

No Report.

B. Communications

No Report.

C. Daughtry Award

No Report.

D. Legislative

Member Stevens raised issue regarding Ballot Measure 51 that is expected to appear on the November ballot. This may affect attorney fees obtained on contingency basis.

Member Roumell reported as to the prior issue proposed by WCD to expand jurisdiction during the next legislative session. This committee will not provide a representative to WCD’s committee. However, WCD asked Chair Somers to announce the deadline for submission of public comment regarding the proposed legislation.

E. Bench Bar

Member Riechers is working to develop the committee for this November’s conference. Possible members may include Member Vu and Norm Cole. Typical budget runs between $5,000 and $7,000. If the committee and budget permit, there may be consideration of two such conferences per year.

F. Access to Justice
M
Member Johnson confirmed the text of his report printed in the prior month’s minutes. Questions are posed to the EC for consideration. Answers will be taken back to the standing committee.

There is a desire to expand the mission. There was a vote about 2 years ago to change the name of the committee to Access to Justice. This never made it to the EC for consideration.

Justice DeMuniz has been a lead person in coordinating state-wide judicial efforts on this issue. Prior Chief Justice Carson previously requested the Oregon Judicial Department also adopt similar language.

Member Masters moved to change the name of the standing committee to Access to Justice. Seconded by Member Stevens. Motion passed unanimously.

Committee considered recommendations for speakers. David Runner with SAIF volunteered to be a contact for Bench Bar Committee for presentation regarding “Bilingual Team.” This group is recommended for a panel discussion at the Bench Bar Forum. The Ombudsman’s Office is another resource. Bill Replogle confirmed the office is available for assistance.

Access to Justice issues also involve consideration of law school involvement in promoting workers’ compensation practice, especially for minority workers. OSB has a summer program that pays half the salary of a summer clerk. Contact is with the Affirmative Action office at OSB.

There is also need to consider alternate means to get newer attorneys involved with cases that have lower risk to the worker in order for the attorneys to gain experience.

Chair Somers raised questions about statutory attorney fee caps and how this may affect access to justice. There is also possibility of referring certain cases to clinics serving low income people.

Member Johnson initiated a discussion regarding Legal Aid. Considering they request money from the section, which is provided as part of the section’s annual budget, Member Johnson suggested Legal Aid should direct its needier clients to competent workers’ compensation attorneys.

The committee will propose a Salishan speaker for the 2009 conference. The committee needs to know the limit on spending for speakers. The Salishan committee is asked to provide this information at the June meeting.

VI. OLD BUSINESS

No old business.

VII. NEW BUSINESS

There was no new business.

The meeting was adjourned at 11:33 a.m.