MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING
OF:
April 18, 2008

I. CALL TO ORDER

Chair Holly Somers called the meeting to order at 12:09 PM at the Oregon State Bar office.

Present in person were: Holly Somers, Matthew Roy, Matthew Fisher, and Linh Vu.

Present via telephone were: Julie Masters, Dale Johnson, Geoff Wren, Jill Riechers, Meg Carman, and Rob Guarrasi.

Not present: Jennifer Roumell, Art Stevens, Chuck Mundorff, Mustafa Kasubhai, Dean Lederer, and Mark Thesing.

II. MINUTES

Amendments were made to the March 21, 2008 minutes. Motion to adopt was made by Member Masters and seconded by Chair-Elect Roy. They were then adopted by unanimous vote. The revised minutes are attached as an addendum.

III. CHAIR REPORT

Meeting Dates. Meeting will be on the third Friday of each month at the Oregon State Bar offices, except where otherwise indicated. The following are the remaining meetings of calendar year 2008:

May 16 (at Salishan)
June 20
July 18
August 15
September 19
October 17
November ?? (will coincide with Bench Bar Forum at WVV, date TBD)
December 19

New Member Packets. The bar used to distribute packets to new admittees and invited each section to include a flyer or other information about membership. This is no longer going to happen. There are now two options:

1. OSB will send new admittees a flyer regarding the section (at the section’s expense) advising of the ability to join free of charge for the first year.
Workers’ Compensation Section
Oregon State Bar
Minutes of 4/18/08 Meeting
Page Two

2. Request a list of new admittees and the section does its own recruiting (e.g., direct contact, direct mail, etc.). It was determined that a postcard would be the most efficient means of communication using this option.

Discussion was to consider utilizing both options. Suzanne Cushing will check on whether we are allowed to do both and will report back at the next meeting.

Nominating Committee. The following names were submitted for consideration of membership from the claimant’s bar (asterisks indicate the Nominating Committee’s recommendation for approval):

(*) Jim Edmunson
(*) Jackie Jacobson
Steve Schoenfeld
George Wall
Keith Semple

Member Vu moved to accept the recommendations and propose Mr. Edmunson and Ms. Jacobson to the section membership at Salishan for election to the Executive Committee. Member Johnson seconded. Motion passed unanimously.

The following names were submitted for consideration of membership from the defense bar (asterisks indicate the Nominating Committee’s recommendation for approval):

(*) Dennis VavRosky
(*) Adam Stamper
Ron Bohy
Norm Cole
Linda Conratt
Rodger Hepburn
John Klor
Ray Myers

Member Wren moved to accept the recommendations and propose Mr. VanRosky and Mr. Stamper to the section membership at Salishan for election to the Executive Committee. Member Riechers seconded. Motion passed unanimously.
Workers’ Compensation Section
Oregon State Bar
Minutes of 4/18/08 Meeting
Page Three

Chair-Elect Roy will notify persons selected by the EC for recommendation of election. Member Riechers will notify persons not selected.

Member Mundorff will fill the position previously discussed as needing to be filled by a WCB representative because of his recent appointment as an ALJ.

Officer Recommendations. Member Masters was chosen to be recommended to the section membership at Salishan for the position of Treasurer for calendar year 2009. Moved by Member Roy, seconded by Secretary Fisher, and approved unanimously.

Member Johnson was chosen to be recommended to the section membership at Salishan for the position of Secretary for calendar year 2009. Moved by Member Masters, seconded by Member Vu, and approved unanimously.

IV. TREASURER’S REPORT

The section’s balance as of 3/31/08 was $28,475.00. This reflects receipts from Salishan fees, but very few expenses.

The section paid its annual contribution to the Campaign for Equal Justice. Printing for Salishan is paid. There will be many more Salishan expenses to be paid, but the totals cannot be known until after the conference.

Member Carman will get a $100 gift certificate for Sally for her dedicated work to putting on the annual conference at Salishan. All other members of the Salishan committee will receive a $50 certificate with Amazon.com.

V. COMMITTEE REPORTS

A. Salishan

No new information. Everything is coming along smoothly and the conference is on track financially.

B. Communications

No Report.
Workers’ Compensation Section
Oregon State Bar
Minutes of 4/18/08 Meeting
Page Four

C. Daughtry Award

Member Vu reported the recommendation of ALJ G. Duffy Bloom. ALJ Bloom was approved unanimously as the recipient of the award.

D. Legislative

Member Roumell reported in writing and confirmed the following are members:

Chris Moore – co-chair
Steve Cotton- co-chair
Keith Semple
Thad Hettle
Linh Vu
Duffy Keckel
Bob Webber

The committee agreed to investigate the proposed legislation from WCD to expand their jurisdiction. Lou Savage at WCD is putting together a work group to draft legislation. The section’s legislative committee agreed to review it when drafted.

Member Roumell contacted the Michigan State Bar representative regarding the Medicare Set Asides and MSB’s proposed federal legislation to confirm a review process. The MSB was not interested in a letter from our section at this time but asked if we had information on what is triggering reviews in our state. She confirmed that CMS is strenuously opposed to the legislation. Statistics from Michigan indicate:

“Our incomplete survey suggests that the average settlement that concerns a CMS settlement is, roughly, $100,000.00 and that the set aside requests are roughly, 17%.”

If anybody as information to share about what is triggering CMS review, Member Roumell will gather the information and forward to the Michigan State Bar.

E. Bench Bar

No Report. Member Riechers reported this committee will likely gear up after Salishan.
Workers’ Compensation Section
Oregon State Bar
Minutes of 4/18/08 Meeting
Page Five

F. Race/Ethnic
M
Member Johnson reported the Racial-Ethnic Standing Committee met on April 14, 2008. Five of seven members were able to attend via telephone conference call. The matters discussed included the committee’s charge or mission, speaker ideas for the Bench-Bar and Salishan 2009 conferences, and diversity within the workers’ compensation section.

Questions were raised by committee members for the Executive Committee’s response. With regard to the committee’s mission:

(1) Does the EC want to expand the mission to consider all areas of diversity, including gender, religion, sexual orientation, etc. where the committee sees a need to improve access to justice for all groups, and not just racial and ethnic groups?

(2) Should the committee be renamed Access to Justice Committee or something with a broader responsibility than Racial-Ethnic?

(3) With regard to potential speakers for upcoming conferences, the committee had numerous ideas including:
a. inspirational speakers who had bridged the color barrier to compete successfully in the work world;

b. someone from an interpreter firm to discuss problems with cultural differences, interpretation problems at trial/how to avoid them, and medical examination problems from the interpreter’s view;

c. someone from WCD to discuss the trends in Oregon’s workplace demographics and how that may affect the practice of law and the division’s rule-making (including notices in several languages) in the next ten years;

d. an attorney panel to discuss the handling of cases involving interpreters and cultural differences and how those cases were effectively tried;
Workers’ Compensation Section
Oregon State Bar
Minutes of 4/18/08 Meeting
Page Six

e. someone from the Ombudsman’s office to discuss what happens to foreign speakers who are fired by their attorneys and seek help from the Ombudsman’s office (how does the system attempt to help them and with what results).

The committee is still exploring these ideas and follow-up has been divided among the committee members. The committee wants to know from the Salishan and Bench-Bar committees if there is a financial cost guideline the R-E committee needs to keep in mind when suggesting potential speakers.

With regard to the issue of diversity within the WC section. The committee wants to know if the section or OSB keeps a database of the racial/ethnic breakdown of the membership and should increasing (by recruiting) the diversity of the section be included in the committee’s mission.

The committee also discussed whether there is a need to improve the reliability of IME’s, WRME’s, arbiter exams and attending physician examinations relative to cultural sensitivity, language interpretation, and related issues. The committee will collect information and determine the need, if any.

The committee will provide proposals for the legislative/rules committee. The committee plans on meeting again in about 6 to 8 weeks. EC discussion and responses to the above questions at the next EC meeting (Salishan) would be greatly appreciated.

VI. OLD BUSINESS

No old business.

VII. NEW BUSINESS

There was no new business.

The meeting was adjourned at 1:32 p.m.

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.

REVISED MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING
OF:
February 15, 2008

I. CALL TO ORDER

Chair Holly Somers called the meeting to order at 2:40 PM at the Oregon State Bar office. The following members were present: Holly Somers, Dale Johnson, Chuck Mundorff, Rob Guarrasi, Julie Masters, Meg Carman, Jill Riechers, Geoffrey Wren, Jennifer Roumell, Mustafa Kasubahi.

II. MINUTES

Minutes were graciously taken by Rob Guarrasi as Matt Fisher was on vacation and not at the meeting.

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

III. CHAIR REPORT

Chair Somers opened discussion as to whether non-lawyers could join the section. Member Johnson recalled the section having over 500 members in the 90’s. The section currently has 370 members. Member Masters moved to admit non-lawyers. Member Johnson seconded the motion. The motion passed unanimously.

Chair Somers received an email from Michigan State Bar regarding CMS (Center for Medicare and Medicaid Services). Member Roumell will write a letter to the Chairperson of Workers’ Compensation Section of the Michigan Bar to voice this Section’s concern and support for a review and possible overhaul of CMS rules and regulations.

Executive Committee Nominations. The section is made up of six defense attorneys, six claimant’s attorneys, and four employees of the Workers’ Compensation Board. For the 2009 term, five claimant’s attorneys are returning, leaving need for 1 claimant’s attorney. Three defense attorneys confirmed their return, two are not returning, and one is still considering it. The committee will therefore need at least 2 defense attorneys. All four WCB personnel are returning. This issue is referred to the Nominating Committee to identify attorneys for the positions noted above.

IV. TREASURER’S REPORT

Seven new members joined the section last year. The section had an account balance of $17,935.00 as of December 31, 2007.

V. COMMITTEE REPORTS

A. Salishan

Member Mundorff reported that the committee met last week. The agenda is complete and speakers are confirmed. Application has been made to the Bar for approval of nine CLE credits.

B. Communications

No Report.

C. Daughtry Award

Chair Somers will follow up with immediate Past Chair Vu on the status of nominations for the award. A deadline of April 1, 2008 was suggested for recommendations to be made to the EC. It was discussed that it is probably too late in the year to reconsider the procedure for nominations.

D. Legislative

The committee discussed combining the Rules Committee with the Legislative Committee. This is permissible in the OSB bylaws. Member Roumell has identified Chris Moore and Steve Cotton to serve on the committee. She will also contact Keith Semple, ALJ Bloom, Bob Webber, Thad Hettle, and Linh Vu to see if they are also interested in serving on the new combined committee.

E. Bench Bar

No report.

F. Race/Ethnic
M
Member Johnson will chair this committee and has secured other section members to join. Other members are Adriana Ortega, ALJ Kekauoha, Dave Runner, Bill Replogle, Mike Orlando, and Gloria Yates.

VI. OLD BUSINESS

No old business.

VII. NEW BUSINESS

There was no new business.

The meeting was adjourned at 3:30 p.m.

MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING
OF:
January 18, 2008

I. CALL TO ORDER

Chair Holly Somers called the meeting to order at 12:07 PM at the Oregon State Bar office. The following members were present: Dale Johnson, Meg Carman, Rob Guarrasi, Chuck Mundorff, Matt Fisher, Matthew Roy, and bar liaison Suzanne Cushing . Present by phone were Members Mustafa Kasubhai, Julies Masters, Jill Riechers, and Art Stevens. Not present were Members Dean Lederer, Geoff Wren, Jennifer Roumell, Mark Thesing, Linh Vu; and Board of Governor’s Liaison Bette Worcester.

II. MINUTES

Member Johnson moved to approve minutes of the December 21, 2007 meeting, which was second by Member Mundorff. The minutes were approved without amendment.

III. CHAIR REPORT

Chair Somers called for nominations for the 2009 term with elections to be held at Salishan. Chair Somers received confirmation from the following that they wish to remain part of the committee for 2009: Matthew Roy, Matt Fisher, Rob Guarrasi, Chuck Mundorff, Jill Riechers, and Art Stevens. It was recommended that the incoming secretary be an ALJ.

Member Johnson referenced Art. II § 1 of the OSB bylaws indicating a non-lawyer (e.g., paralegal) may be on the committee. Chair Somers requested the Nominations Committee look into this and report back. This will also require verification of the Section Bylaws to be sure no amendments were made that would prohibit non-lawyers from election.

Chair Somers spoke with Board Chair Herman to clarify whether ALJs are able to participate in any votes if/when the EC takes an official position on the change in rules that cap attorney fees in settlements. WCB Chair Herman stated an advisory committee was appointed by the Board, and that the section’s EC wait for a vote until after the advisory committee’s report. She confirmed the Board will want the section’s position.

IV. TREASURER’S REPORT

The projected year end fund balance as of 12/31/07 is expected to be $15,572. The end of the year report is due 1/25/08.

The 2008 budget was discussed. The section was reminded that the donation to Campaign for Equal Justice was increased to $2,000. Anticipated net revenue is expected to be approximately $20,000.

Treasurer Carman recommended conservative use of the anticipated net revenue because the cost of Salishan is expected to increase due to higher rates / fees from the facility.

V. COMMITTEE REPORTS

A. Salishan

Member Mundorff reported that the committee is well under way. A rough agenda has been produced and 9 CLE credits are expected. Judge Jack Landau will be approached to be the keynote speaker.

It was recommended to increase registration fees for WCB members, ALJs, and staff attorneys from $100 to $125. Board Chair Herman communicated the state would still cover this increase in fees for its employees.

General registration fees will remain steady at $175. They did not decrease as per prior discussion because facility costs and speakers’ costs are increasing.

The decision of whether to host a golf tournament is left to the discretion of this committee. It will not likely be held this year.

Member Mundorff suggested lining up a 2009 speaker for Elimination of Bias credit. Member Johnson will look into finding the speaker.

B. Communications

Member Masters updated the website with the prior minutes. She will upload the new roster and will post the bylaws when found.

C. Daughtry Award

Chair Somers identified the three past chairs Linh Vu, Marty Alvey, and Board Chair Herman to review nominations, but Chair Herman cannot participate because of her position with the Board. ALJ Brazeau will be approached and asked to participate. Either Linh or Marty will chair the committee.

There was discussion about the prior questions involving the nominations process. The committee confirmed the issue is procedural and does not require reconsideration of the criteria.

An Advisory Board (not a committee) was recommended to identify problems with the nomination process and recommend changes to the EC for consideration. Concerns included the failure of nominations to discuss a nominee’s exemplification of the award’s criteria.

Nominations for the award will be solicited. Recommendations need to be made to the EC no later than its April 18, 2008 meeting.

D. Legislative

Member Roumell was not present. There was no report.

E. Bench Bar

Member Riechers was present via telephone. There was no new information. The 2008 committee has not yet been identified.

F. Rules

Member Masters was present. There was no new information.

G. Race/Ethnic

Member Johnson will chair the committee. Member Thesing is currently the liaison, but may step down. Member Johnson will perform both the chair and liaison positions.

Member Johnson is looking to recruit members to this committee. He will use the section listserve and asked that EC members ask around their respective firms.

This committee is charged with identifying a speaker for the 2009 Salishan program to provide an Elimination of Bias credit.

Chair Somers provided the committee’s mission statement. Member Johnson was encouraged to further consider the mission statement to see if needs to be amended. Member Johnson will also review the OSB’s diversity statement for possible incorporation.

Recommendations included involvement of Access to Justice. Chair Somers noted that language barriers and cultural nuances can make it difficult for judges to assess credibility, and that additional training by way of CLE would be helpful. Member Johnson will also talk with WCD for additional resources

VI. OLD BUSINESS

A. Daughtry Award Advisory Board

The EC agreed to create the Advisory Board to address the issues outlined above.

B. Salishan

Member Carman moved to adopt the recommendations of the Salishan Committee to increase fees for state employees from $100 to $125. Member Roy seconded the motion. Motion passed.

C. Attorney Fee Cap
Chair Somers tabled any further action on the EC’s consideration of the Board’s proposal to remove the attorney fee cap in settlements pending results of the Advisor Board discussed above.

VII. NEW BUSINESS

There was no new business.

Member Johnson moved to adjourn, which was seconded by Member Carman. The meeting was adjourned at 12:57 p.m.

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.

MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING
OF:
June 20, 2008

I. CALL TO ORDER

Chair Holly Somers called the meeting to order at 12:10 p.m. at the offices of the Oregon State Bar.

Present in person were: Holly Somers, Matthew Roy, Julie Masters, Dean Lederer, Dale Johnson, Jill Riechers, and Rob Guarrasi.

Present via telephone were: Matt Fisher, Jennifer Roumell, Geoff Wren, and Meg Carman

The following members were absent: Art Stevens, Linh Vu, Chuck Mundorff, and Mark Thesing, and Mustafa Kasubhai

II. MINUTES

The minutes of the May 16, 2008 meeting were reviewed and amendments were made to the statements regarding Legal Aid’s contribution to needy injured workers. The amended minutes were approved unanimously.

III. CHAIR REPORT

Chair Somers will ask Sarah Hackbart to change the name of Race Ethnic to Access to Justice on the master agenda.

Chair Somers received a request from Friends of OLIO to financially contribute to the Opportunity for Law in Oregon. Discussion was that bar members already contributed to the Affirmative Action committee of the bar via annual bar dues. We are already contributing to Access to Justice and need to be careful of multiple requests for money. This request was referred to the Access to Justice subcommittee for review and comment.

Chair Somers reminded the committee that there will not be New Member Packets distributed by OSB. We did receive an email with a list of new members. We will use it to send a flyer with dates to the Bench / Bar Forum. OSB will also send a flyer at our expense. Member Masters volunteered to contact Anna at OSB design a flyer reminding of free first year membership to the section, as well as the Bench / Bar Forum and Salishan. Anna will be asked to also design and send an email to the distribution list.

Chair Somers spoke with WCB Chair Herman about the annual ALJ survey. ALJ’s must be reviewed every 4 years per statute, and reviews are not anonymous. There is an annual anonymous survey that is tallied and published. The section has about 360 members, but WCB only received 15-20 responses per ALJ. This indicates a lack of sufficient representation and use by practitioners, and raises question of whether the surveys have any real effect. There was concern about “recruiting” practitioners to write good or bad reviews. Recommendations to change should not come from WCB.

The surveys are expensive to perform, yet statutorily required. The issue of ALJ surveys was referred to the Legislative / Rules subcommittee to make a recommendation to the EC as to whether the EC should even make a proposal to WCB. Member Guarrasi suggested WCB look into the civil court system of recusal. Chair Somers noted the survey issue is different than the recusal issue, but the Legislative / Rules subcommittee may still consider review and comment of the recusal rules.

Member Lederer moved to refer the issue of “Judicial Accountability” to Legislative / Rules. Chair Somers, Member Wren, and Member Riechers abstained from the vote. The Motion passed unanimously after abstentions.

IV. TREASURER’S REPORT

Report was given by Member Carman. Salishan was successful, and the section made approximately $2,000. However, we are still waiting for final bills, etc., prior to finalizing that number.

The section membership is down from 362 to 357 members. There is approximately $20,000 in the section’s account. The section is still paying its monthly expenses and will pay for the Bench / Bar Forum out of this balance.

V. COMMITTEE REPORTS

A. Salishan

No Report.

B. Communications

No Report.

C. Daughtry Award

No Report.

D. Legislative

No report.

E. Bench Bar

Member Riechers reported the subcommittee has numerous volunteers. The committee is comprised of:

Claimant’s attorneys: Scott McNutt, Jr., Dan Spencer, Brian Green.

Defense attorneys: Linh Vu, David O. Wilson, Norm Cole.

The forum is scheduled for November 14, 2008 at Willamette Valley Vineyards. WVV requires a $700 deposit and signed contract. Willaby’s catering requires a $1,000 deposit and signed contract. The OSB must review and approve the contracts. Member Riechers will send copies of the contracts to Suzanne Cushing.

The subcommittee will start meeting in early July primarily by telephone conference because they are scattered geographically around the state. It was confirmed the subcommittee can use the OSB’s facilities and (800) phone system. The subcommittee is still open to recommendations for topics and speakers.

ALJ Lipton suggested presentation of a plaque to past Presiding ALJ McCullough for his years of service as the Presiding ALJ. The EC approved this recommendation.

F. Access to Justice
M
Member Johnson welcomed the subcommittee’s newest member, Miranda Plummer. The next meeting is on July 7, 2008 via telephone conference.

The mission statement was presented and is attached to these minutes as an addendum. The EC approved the statement.

Member Johnson handed out material regarding the Affirmative Action Program’s summer clerkship. It is too late to use this for 2008. The program pays $5.00 / hour from the bar. This may increase. The subcommittee will ask Anna at OSB to prepare a flyer to be available at the Bench / Bar Forum. Member Johnson will also make an announcement about the program. The flyer will be sent via the section list serve beforehand.

VI. OLD BUSINESS

No old business.

VII. NEW BUSINESS

A new standing subcommittee was recommended focusing on sustainability of our practice, including recruitment of new lawyers and expanding our practice area. Initial focus will be on recruiting law students. The committee will help prepare basic CLEs geared toward new members, and develop a speakers bureau for lunch time talks. Member Lederer agreed to spearhead this effort. He will utilize the list of section members that requested interest in serving on the EC, but were not selected, for an initial pool of subcommittee members.

Special recognition was given to Member Guarrasi for his homemade Eggplant Parmigiana, and to Member Masters for bringing salads. Members present by telephone expressed deep regret over their inability to enjoy lunch!

The meeting was adjourned at 1:33 p.m.

MINUTES OF THE WORKERS’ COMPENSATION SECTION
EXECUTIVE COMMITTEE MEETING
September 12, 2008

I. CALLED TO ORDER:

Chair Holly Somers called the meeting to order at 12:10 p.m. at the offices of the Oregon State Bar. Present in person were:

Jackie Jacobson; Chuck Mundorff; Geoff Wren; Matthew Roy; Dale Johnson; Robert Guarrasi and Suzanne Cushing.

Present by phone were:

Jim Edmunson; Jill Riechers; Meg Carman and Julie Masters.

II. MINUTES:

The minutes of the July 18, 2008 meeting were reviewed. A motion to approve the minutes was made and seconded and the minutes were unanimously approved.

III. CHAIR REPORT:

Chair Somers welcomed the new members, Jim Edmunson and Jackie Jacobson. Julie Masters was working on flyers for the new bar members. We discussed sending a flyer versus a postcard and whether we should spend the money for this or not. Julie Masters was left in charge of this project.

IV. TREASURER’S REPORT:

Meg Carman reported that we had a balance of $22,244 at the end of August, but that we had yet to pay for the Fall CLE, which is the Bench Bar Forum. Meg Carman indicated that the costs are up and she projects the outstanding balance for the year to be $17,000. She also discussed the costs for the rooms at Salishan for the annual meeting on the same weekend as usual. She discussed that in 2009 it will be $154 for a traditional room; in 2010 it will be $159; in 2011 it will be $164; and the same for 2012. In order to lock-in those rates, we had to have some kind of commitment. Meg Carman will take care of that.

V. COMMITTEE REPORTS:

A. SALISHAN:

The committee has had no meeting as of yet.

B. THE WEBSITE:

Julie Masters has not yet updated the roster. She needs a current roster. She also indicated that she needed to send a reminder to the new bar members about section membership and associate membership, along with the Bench Bar announcement.

C. DAUGHTRY AWARD:

No report.

D. LEGISLATIVE RULES COMMITTEEE:

It was noted that Steve Cotton has resigned from the Legislative Committee and there is an option for Gary Wallmark to take over that spot for him. Holly was going to contact Jennifer Roumell to discuss the members choosing a new Chair.

E. BENCH BAR FORUM:

Jill Riechers reported that the contracts were approved and that the Bench Bar Forum is set for November 14, 2008 at Willamette Valley Vineyards. She indicated that there will be three panels, two of which involve conflict of interest and exparte communication. She indicated that Linda May, who works with the City Attorney’s Office, will speak on Access to Justice. She further noted that David O. Wilson and Mark Strooband will address discovery issues. As far as the brochure for the Bench Bar Forum, she was going to be working with Anna at the Bar in the near future.

F. ACCESS TO JUSTICE:

The group met on August 11 and seven members participated. There was some talk about investigating the lack of Workers’ Compensation education in the law school and it was indicated that the Access to Justice Committee would talk to Jerry Keen, Al Lyons and Margaret Weddell about that. Bill Replogle has contacted Jennifer Flood at the Ombudsman’s office. She will participate in the next telephone conference when the committee meets. Furthermore, there was some discussion about interpreters for arbiter exams and WRMES. There was a motion made by Dale Johnson and seconded by Robert Guarrasi that the Executive Committee charge the Legislative and Rules Committee with coming up with a proposal regarding interpreters and rules regarding who pays for those interpreters. The motion passed unanimously. There was a new committee formed that is headed by Dean Lederer. As Dean was not present at the meeting, there was no report.

VI. OLD BUSINESS:

We discussed expense reimbursement.

VII. NEW BUSINESS:

The Executive Committee discussed having the Salishan Committee look into putting news, including obituaries, retirement announcements, change in firm names, addresses and contact information in the bound booklet that is received by attendees to the Salishan annual meeting and conference. Chuck Mundorff indicated he will run that by Sally Curry.

The meeting adjourned at 1: 01 p.m.

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.

MINUTES OF THE WORKERS’ COMPENSATION
EXECUTIVE COMMITTEE MEETING
OF:
November 14, 2008

I. CALL TO ORDER

Chair Somers called the meeting to order at 11:06 a.m. at Willamette Valley Vineyards.

Present in person were: Holly Somers, Matt Roy, Matt Fisher, Chuck Mundorff, Jim Edmunson, Julie Masters, Meg Carman, Jill Riechers, Dale Johnson, Jennifer Roumell, Rob Guarrasi, and Linh Vu.

The following members were absent : Geoff Wren, Jackie Jacobson, Art Stevens, Dean Lederer, and Bette Worcenster (BOG Liaison)

II. MINUTES

The minutes of the October 16, 2008 meeting were approved.

III. CHAIR REPORT

No report.

IV. TREASURER’S REPORT

Treasurer Carman reported. The balance as of August 31, 2008 was $22,224. After deducting additional costs such as Bench Bar, the anticipated end-of-year budget will be $14,717. This results in anticipated deficit of $3,220 for the calendar year, due in large part to conference costs exceeding budget amount.

The budget for 2009 was presented. Costs for Salishan are expected to increase as previously discussed. Membership fees increase only minimally. The increase in costs results in a deficit of $6,395 for the next calendar year. The section will still be in the black, although the 2009 end-of-year balance is budgeted to be smaller than in prior years.

The budget was approved.

V. COMMITTEE REPORTS

A. Salishan

Member Mundorff reported. The committee currently has 9 members. Committee is working to identify a keynote speaker and is talking to Judge Mustafa Kasubhai. Member Johnson is working to identify a speaker for Access to Justice. Contracts are signed.

B. Communications

Member Masters noted concern voiced by some section members regarding the late Save the Date notice for Bench Bar, so she will make sure notices are sent out earlier for Salishan. The committee agreed this was a good idea.

C. Daughtry Award

No Report.

D. Legislative and Rules

Member Roumell reported. Gary Wallmark agreed to serve. No additional report.

E. Bench Bar

Member Riechers noted that we saved money. The bar could have charged up to $1,500 for additional processing costs, but is only charging $250. Chair Somers congratulated Member Riechers for an excellent job at coordinating this year’s event. Member Riechers thanked her committee members.

F. Access to Justice
M
Member Johnson reported. The committee has not met since the last EC meeting. They will meet Monday, November 17, 2008. Focus will be on change of leadership for next year.

G. Going Forward

Member Lederer provided a report via email, which was read by Chair Somers. Committee met on November 7, 2008 via conference call. The committee is still in its research and investigation process. Much of the information now is anecdotal and will be compiled. The committee secured lists of members for 1998, 2001, and 2008. Membership in the section has dropped from over 600 to 345. The drop off occurred largely between 1998 and 2001. The committee will investigate whether this decrease was primarily in the claimant’s bar versus the defense bar.

Committee studied WCD data showing a steady decrease in Requests for Hearing. Unsure how many filed by unrepresented claimants. Unsure how many unrepresented claimants are proceeding to hearing because they cannot find counsel, which is an issue the committee will study further.

VI. OLD BUSINESS

Need to vote on $1,000 contribution to OLIO. Opportunities for Law In Oregon, which is part of Affirmative Action program for the Oregon State Bar. Member Johnson attended the bowling fundraising event. There were no other WC practitioners there. The Access to Justice Committee’s mission tracks the Affirmative Action committee’s mission from the Oregon State Bar. Access to Justice recommends a $1,000 contribution by the section. Member Carman noted that we donated $2,000 to Campaign for Equal Justice in fiscal year 2008, which is $1,000 more than before. Treasurer Carman raised concerns about the amount of money being donated for charitable purposes. Chair Somers also raised concern about taking dues from section members and giving them to charitable organizations. She agreed that these are excellent organizations; however had concern when it’s outside WC arena.

Treasurer Carman noted that we are running a deficit next year, which is of additional concern regarding our ability to support this contribution. The budget currently has $1,000 committed to Campaign for Equal Justice, and $1,000 for “Contributions.” Member Vu questioned whether there are other, more direct ways for this section to recruit minority members rather than simply donating money. Member Edmunson was also concerned about trying to contribute to every good cause that requests money.

Chair Somers asked that we table this discussion to the next meeting. The committee agreed.

VII. NEW BUSINESS

Member Mundorff raised issue with the lack of procedural rules regarding hearings performed on the record. These have gotten sloppy and there are objections, etc., as to admission of documents. Judges have asked that the Rules Committee consider this issue and recommend rules for administering these proceedings such as preliminary conferences to discuss issues, admission of documents, etc. This would allow a more consistent means of developing a record. Member Roy made the motion to refer to the Rules Committee for consideration of new rules. Seconded by member Roumell. Passed unanimously.

The meeting was adjourned at 11:36 a.m.

MINUTES OF THE WORKERS’ COMPENSATION SECTION

EXECUTIVE COMMITTEE MEETING

December 21, 2007

I. CALLED TO ORDER:

Chair Elect Holly Somers called the meeting to order at 12:10 p.m. Present at the meeting were:

Mark Thesing; Jill Riechers; Julie Masters; Dale Johnson; Geoffrey Wren; Holly Somers; Betty Worcester; Robert Guarrasi; Matthew Fisher; and Matthew Roy.

II. MINUTES:

We reviewed the minutes of the October Workers’ Compensation Executive Committee Meeting and Mark Thesing moved that the October Minutes be approved. Geoffrey Wren seconded the motion and the Minutes were unanimously approved.

III. DISCUSSION RE ATTORNEY FEES AND REMOVAL OF THE CAP:

Holly Somers began the discussion with regard to our position on attorney fees and eliminating the cap, increasing the cap, or keeping the cap as-is. There was some question about whether the Board of Governors had issued an opinion and, apparently, Linh Vu had felt uncomfortable expressing the position of the Executive Committee that had previously been voted on and passed, that being the removal of the cap. She was somewhat uncomfortable because of this Board of Governors’ opinion. We did not have a copy of the Board of Governors’ opinion and Betty Worcester indicated that was discussed and she was unsure as to the status of the Board of Governors’ opinion. However, Abby Herman, the current Board Chair, had asked for our opinion as an Executive Committee on the attorney fee issue. A motion was made with the question of whether the Executive Committee should take a position on the attorney fee issue. That motion passed and the decision was that the Executive Committee should take a position with regard to the attorney fees. Geoffrey Wren then moved to wait on the vote until the January 18 meeting. Matthew Roy will then have to deal with that issue, as the ALJ’s would need to abstain, which would mean that Holly Somers, as the Chair, would not be able to vote on that issue. The issue raised was whether the ALJ’s actually can vote on that issue as members of the Executive Committee, and that question was not answered. There seems to be some concern over the Code of Judicial Conduct that would prohibit the ALJ’s from actually taking a position on that attorney fee increase. The majority of the meeting was spent discussing these issues and, ultimately, it was decided that it would be tabled until the January 18, 2008 meeting and, hopefully, the Executive Committee would have a quorum without the ALJ’s participation in order to take a vote if it is ultimately decided that ALJ’s cannot take a position.

IV. TREASURER’S REPORT:

The Treasurer was not available for the meeting, however, the 2008 budget was approved with the amendment to the Campaign for Equal Justice as discussed in prior minutes.

V. COMMITTEE REPORTS:

A. Salishan Report The committee is looking for a speaker for the diversity credit. Adrian Ortega is currently chairing the Race Ethnic Committee, but Dale Johnson was indicating he may take over that position. They are going to be responsible for finding a topic and/or speaker to recommend to the Salishan Committee for that diversity credit. Secondly, we approved the Salishan budget in the amount of $24,000. Third, there was a discussion about whether to reduce the price for section members to $150 and the Board to $125. That decision was deferred. The issue of a no sponsor golf tournament was tabled for a motion and seconded to obtain more information about why the golf tournament would not be sponsored by the Section. We voted to approve the contract for 2009 and 2010 to maintain the meeting at Salishan Resort.

B. Communication Committee Julie Masters gave us her e-mail address, which would be [email protected].

C. Daughtry Committee No report.

D. Rules and Legislative Committee There was a question about joining them together and making them just the Rules and Legislative Committee jointly. Julie Masters was stepping down, therefore, we needed a new Chair for the committee. Julie Masters indicated she would continue to be the liaison to the Workers’ Compensation Executive Committee. The decision was made to revisit this issue in January and Julie was going to follow-up with the members regarding their interest.

E. Bench Bar Credits were approved for the Bench Bar and it was very successful. Congratulations went out to Jill Riechers and Mustafa Kasubhai for their successful organization and presentation of the Bench Bar Forum.

. F Old Business None.

G. New Business We discussed the meeting dates for next year and the next meeting being January 18, 2008 as our last meeting at the old Bar offices as they would be moving shortly after that next meeting.

The meeting adjourned for the year at 1:30 p.m.