MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING
OF:
March 21, 2008
I. CALL TO ORDER
Chair Holly Somers called the meeting to order at 12:13 PM at the Oregon State Bar office.
Present in person were: Holly Somers, Matthew Roy, Matthew Fisher, Bette Worcester (BOG Representative), Dale Johnson, Chuck Mundorff, Geoffrey Wren, Jennifer Roumell, Dean Lederer.
Present via telephone were: Linh Vu and Jill Riechers
Not present: Julie Masters, Art Stevens, Meg Carman, Mustafa Kasubhai, Rob Guarrasi, and Mark Thesing.
II. MINUTES
Amendments were made to the February 15, 2008 minutes. They were then adopted by unanimous vote. These revised minutes are attached as an addendum.
III. BOARD OF GOVERNORS REPORT
Bette Worcester appeared on behalf of the Board of Governors. The BOG had considered the recent issue of altering the caps on attorney fees in workers’ compensation settlement. This was presented to the BOG directly by the WCB. There was no action because a committee was appointed by WCB to review the issue and report.
The January BOG meeting recommended changing the name of the MCLE requirement of Elimination of Bias to Access to Justice. Bar members will need three (3) credits in alternate reporting periods. New admittees will take a specific course. The Supreme Court approved this recommendation. The effective date is uncertain, although expected to be January 1, 2009.
The BOG is considering re-districting to add two more positions raising the number of attorneys from 12 to 14. One will be from Clackamas County.
III. CHAIR REPORT
Executive Committee Nominations. The Nominating Committee currently consists of ALJ Nick Sencer, Phil Garrow, and Dennis VavRoski. They are charged with nominating 2 defense attorneys, 1 claimant’s attorney, and 1 WCB representative. Mr. VavRoski will resign from the Nominating Committee as we wishes to be on the Executive Committee. Chair Somers moved to appoint Bruce Byerly to fill Mr. VavRoski’s position on the Nominating Committee. Member Johnson seconded. Motion passed unanimously.
The following section members will not be retuning in 2009: Mark Thesing, Linh Vu, and Geoff Wren. Member Wren will notify ALJ Sencer of these three openings.
Associate Membership. Chair Somers confirmed that the OSB permits non-lawyers to join the Workers’ Compensation Section. Non-lawyer members will be permitted to sit on the EC and are only prohibited from holding officer positions. Chair Somers will send an email on the listserve notifying of the opportunity for non-lawyer membership.
IV. TREASURER’S REPORT
No Report.
V. COMMITTEE REPORTS
A. Salishan
Member Mundorff reported that the program is complete and has been mailed. MCLE credits have been requested but not yet confirmed. The deadline for submitting written materials will be April 1, 2008. Member Mundorff will check on the deadline for including the Daughtry recipient into the program.
The EC specially commended Member Mundorff and his committee for their hard work and dedication in putting together this year’s program. Member Mundorff commended Sally for her work.
B. Communications
No Report.
C. Daughtry Award
Member Vu reported working with Marty Alvey and ALJ Brazeau to examine the nominating process. They have put together a form and will circulate to the EC for comment. This advisory group will base its consideration and recommendation on the written materials and not personal experiences.
The new form will be distributed via the listserve and on the section’s website. Chair Somers and Member Vu will collaborate on getting the plaques timely completed prior to Salishan.
D. Legislative
Member Roumell reported that WCD will propose legislation for the 2009 session addressing the two following issues: 1) A circuit court decision regarding payment of benefits by one insurer while another insurer was actually on the risk, and 2) A case before the Federal Court in Tennessee regarding payment of prescription benefits.
WCD requests jurisdiction to address these issues. It specifically desires clarification about whether to amend the appeal process to allow payment for medical services when reasonableness and necessity are not in dispute.
The Legislative Committee will look further into these issues and provide its recommendations to the EC for consideration.
E. Bench Bar
Member Riechers reported there will not likely be activity until after Salishan. The committee is looking for additional members.
F. Race/Ethnic
M
Member Johnson reported the committee will be meeting next month.
VI. OLD BUSINESS
No old business.
VII. NEW BUSINESS
There was no new business.
The meeting was adjourned at 12:57 p.m.