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April 2005

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MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING OF:
April 15, 2005.
________________________________________________________________________________

I.CALL TO ORDER

Chair Abigail Herman called the meeting to order at 12:10 p.m., at the Oregon State Bar office. The following members were present: Chair Herman, Chair-Elect Martin Alvey, Secretary Linh Vu, and Treasurer Matthew Roy; Past Chair Rodger Hepburn; Members Julie Masters, Holly Somers, Dean Lederer, Mark Thesing, and Charles Mundorff; and Bar Liaison Suzanne Cushing. Not present were Members Arthur Stevens, Jill Riechers, Shelley Edling, and Meg Carman.

II.MINUTES OF THE LAST MEETING

The minutes of the meeting of February 18, 2005, were approved.

III.CHAIR REPORT

The agenda for the Section’s meeting at Salishan 2005 will include the election of officers and nominees for members-at-large for next year’s committee. The two candidates for members-at-large are Karen Lundberg, a staff attorney with the Board, and Matthew Fisher, an associate with the Reinisch firm.

Other agenda items include the Treasurer’s Report, presentation of the Daughtry Award, and presentation of awards of appreciation to the Salishan subcommittee.

IV.TREASURER’S REPORT

Membership is up from last year by $100.00, but still $100.00 under budget.

V.COMMITTEE REPORTS

A.Salishan

At the time of the meeting, the conference was coming in at or under budget. This year’s reception will focus on providing a forum for practitioners to meet the administrative law judges, Board members, and staff attorneys.

Discussion was held on whether the Executive Committee and the subcommittee needed to clarify their relationship and respective functions.

B.Communications

The brochure for Salishan 2005 has been posted on the Section’s website.

C.Daughtry Award

Chess Trethewy was named recipient of the Daughtry Award.

D.Legislative

MLAC has approved the Section-sponsored bill regarding Own Motion reform.

E.Bench Bar

This subcommittee still needs a chair.

F.Rules

No report.

G.Race/Ethnic

The Oregon Minority Law Association (OMLA) has issued its annual request for donations to fund scholarships to minority law studies to participate in bar review. The subcommittee will make a recommendation as to whether the Section should make a donation.

V.OLD BUSINESS – none

VI.NEW BUSINESS – none

The meeting adjourned at 1:15 p.m.

February 2005

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MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING OF:
February 18, 2005.
________________________________________________________________________________

I.CALL TO ORDER

Chair Abigail Herman called the meeting to order at 12:12 p.m., at the Oregon State Bar office. The following members were present: Chair Herman, Secretary Linh Vu, and Treasurer Matthew Roy; Members Shelley Edling, Meg Carman, Julie Masters, and; Bar Liaison Suzanne Cushing. Present by phone were Past Chair Rodger Hepburn and Members Holly Somers and Jill Riechers. Not present were Chair-Elect Martin Alvey and Members Dean Lederer , Mark Thesing, Charles Mundorff, and Arthur Stevens.

II.MINUTES OF THE LAST MEETING

The minutes of the meetings of October 8, 2004, and January 28, 2005, were approved.

III.CHAIR REPORT

Chair Herman solicited interest in providing a written statement regarding the Section’s activities to be disbursed to new admittees to the Oregon State Bar during the swearing in ceremony.

The registration information from the Bench/Bar Forum indicated there were 93 section members who attended.

IV.TREASURER’S REPORT

The balance as of December 31, 2004 is $5,647.00, in comparison to a beginning balance of $9,047.00. The membership dues for 2005 are still being processed and are not reflected in the balance as of December 31, 2004. Treasurer Roy will also determine the final cost of the Bench/Bar Forum held in November 2004, in order to determine the expenditures paid out for conferences/seminars in October, November and December 2004.

V.COMMITTEE REPORTS

A.Salishan

The Salishan subcommittee met on February 17, 2005.

Member Somers provided a draft program schedule (attached). Subcommittee Chair Salley Curey will be responsible for organizing the written materials. The subcommittee still needs suggestions for a physician speaker to present medical issues; neurologist Joel Seres was suggested as a possible candidate. The subcommittee is evaluating how the “Jeopardy” portion of the program can be designed to be eligible for CLE credit.

Subcommittee Chair Curey has signed the contract to confirm booking of Wild Bill’s Casino for Salishan 2005. A number of donations from IME companies have been received or pledged, with one donation in the amount of $600.00 to be allocated for wine purchase. The proposed registration fee for Salishan 2005 is $175.00. Based upon last year’s attendance, the subcommittee anticipates 120 registrants.

Discussion was held on offering a reduced registration fee to employees of the Workers’ Compensation Board, Workers’ Compensation Division, and new admittees to the Bar. Member Edling moved to offer a reduced registration fee in the amount of $125.00; Member Somers joined in the motion; the motion passed.

Member Somers also provided a draft budget for Salishan 2005 (attached). Member Somers moved to pass the draft budget; Member Edling joined in the motion; the motion passed.

David Johnstone is organizing the golf tournament with proceeds to benefit the Alex Gruber Trust. In regard to the issue raised at the last meeting as to whether the Section should continue the Trust, the subcommittee provided the following information: Alex is now 17 years old; he will be attending college next fall; provisions have been made or his college education. It was also the subcommittee’s understanding the Trust was based on a “memorial” rather than on need. With the above considerations, the subcommittee recommended that the Section cease contributing the golf tournament proceeds to the Alex Gruber Trust after Salishan 2005. Member Masters moved to follow the Subcommittee’s recommendation regarding the Alex Gruber Trust; Member Carman joined in the motion; the motion passed. Member Somers indicated the Subcommitte would advise the Gruber family of the termination of the trust when the proceeds from Salishan 2005 are conveyed to the family.

Discussion was held on whether the Section should memorialize Doug Swanson at Salishan 2005. The subcommittee recommended the Section engage in a moment of silence during the business portion of the program and prepare a display where members could contribute information regarding Doug’s contributions to the Section and to various civic causes. Chair Herman suggested including in the CLE materials the article that ran in Lewis & Clark College’s “The Advocate.” The Executive Committee referred the matter back to the subcommittee for further discussion and recommendations.

B.Communications

Member Masters indicated the Section’s website has been updated with the 2004 annual report, a link the Board’s News & Case Notes, and a “save the date” message for Salishan 2005.

Duffy Bloom has agreed to be the editor of the Section’s newsletter but cannot begin work immediately.

C.Daughtry Award

Nominations for the Daughtry Award have been received; the deadline for additional nominations is March 31, 2005.

D.Legislative

A proposal regarding voluntary ALJ recusal has been approved by the Senate Judiciary Committee.

E.Bench Bar

A new chair is still needed.

F.Rules

Chair Herman appointed Member Masters as the new subcommittee chair.

G.Race/Ethnic No report

V.OLD BUSINESS – none

VI.NEW BUSINESS – none

The meeting adjourned at 1:27 p.m.

January 2005

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MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING OF:  January 28, 2005.
 
________________________________________________________________________________
 
 
 
I.          CALL TO ORDER
 
Chair Abigail Herman called the meeting to order at 12:03 p.m., at the Oregon State Bar office.  The following members were present: Chair Herman, Chair-Elect Martin Alvey, Secretary Linh Vu, and Treasurer Matthew Roy; Members Meg Carman, Dean Leaderer, Holly Somers, and Julie Masters, and; Bar Liaison Suzanne Cushing.  Present by phone were Past Chair Rodger Hepburn and Member Jill Riechers.  Not in attendance were Members Shelley Edling, Mark Thesing, Charles Mundorff, and Arthur Stevens.
 
 
II.        MINUTES OF THE LAST MEETING
 
The minutes of the meeting of November 12, 2004, were approved.  Consideration of the minutes of the October 8, 2004, was again postponed until the next meeting.
 
 
III.       CHAIR REPORT
 
Chair Herman advised the Initial Section Report is due February 1, 2005.  The report must provide the following information for the Section: statement of goals and objectives, subcommittees and their chairs, legislative contact, and meeting agenda through December 2005.
 
 
A.  The following goals were identified: (1) Salishan; (2) Bench Bar forum, and; (3) enhance website.
 
B.         Standing Committees: (1) Salishan – Chairs Sally Curey and Marybeth Wosko, liaison Holly Somers; (2) Communications – Chair Julie Masters, liaison Meg Carman; (3) Daughtry Award – Chair Rodger Hepburn; (4) Legislative – Chairs Chris Moore and Steve Cotton, liaison Martin Alvey; (5) Bench Bar – Chair (vacant), liaison Jill Riechers; Race/Ethnic – Chair Mark Thesing, liaison N/A, and; (6) Rules – Chair G. Duff Bloom, liaison Linh Vu.
 
C.   Legislative Contact – Martin Alvey
 
 
D.  Meetings scheduled for  2005: 2/18, 3/18, 4/15, 5/20, 6/24, 7/15, 8/19, 9/16, 10/21, 11/18, 12/16 (all meetings will be at noon at the OSB office, except for the 5/20 meeting at Salishan).
 
IV.       TREASURER’S REPORT
 
A complete report will not be available the next meeting due to year-end accounting issues.
 
 
 
V.        COMMITTEE REPORTS
 
A.  Salishan
 
All speakers for this year’s Salishan have been confirmed.  The subcommittee will be meeting 2/17 to discuss the following topics: whether dinner should be served or just the reception for Salishan 2006, proposed budget, status of golf tournament and donation to Gruber Trust.
 
B.   Communications
 
The subcommittee has not met.  Discussion was held regarding the need to have more input and contributions from the Executive Committee and Section members as to content of the website.
 
C.   Daughtry Award
 
The subcommittee has not met, but nominations for award recipient are needed by February or March so that member voting can be held in April.
 
D.  Legislative
 
The subcommittee has not met.  Member Alvey advised of new legislation being proposed regarding Own Motion reform, requirements for perfecting aggravation claims, and classification of truck drivers as independent contractors.  Discussion was held on whether the subcommittee will address the proposed legislation to revise subpoenas in WC matters to conform with HIPAA requirements.
 
E.  Bench Bar
 
Feedback on the Bench Bar forum from November 2004 was positive, including comments regarding the location and free registration.  The event was well attended, and Member Roy estimated over 100 people showed up.  Discussion was held regarding credits allowed: 2.25 ethics, and .75 general.
 
Member Roy advised he will no longer be serving as chair of the subcommittee; discussion was held on obtaining a new chair, possibly current subcommittee members Sandra Haynes or Katherine Rosenbaum, or whether a general announcement should be made through the list serve and/or website.
 
F.   Rules
 
The subcommittee has not met.  Chair Herman will advise Presiding ALJ McCullough the committee takes no position on SAIF’s rule proposal to require claimants’ counsel to pay cancellation fee for last minute cancellations of depositions.
 
V.        OLD BUSINESS – none
 
VI.       NEW BUSINESS
 
A.  Discussion of meeting agenda for 2005.
 
B.   Members agreed to have meeting announcements sent via e-mail only.
 
C.   Discussion was held about the website, its content, and what can be done to solicit contributors to the website.  Items to be posted on the website include the annual report, minutes of each meeting, and links to resources.  The link to the newsletter will be deleted for the present, as there has been no newsletter since 2/04.  Possible people named to author the newsletter include David Wilson of LNW, Duffy Bloom, Brad Garber.

October 2004

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MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING OF:  October 8, 2004
 
I.  CALL TO ORDER
 
Chair Hepburn called the meeting to order at 12:00 p.m. at the OSB offices.  The following members were present in-person: Chair Rodger Hepburn, Chair-Elect Abigail Herman, Secretary Martin Alvey, Shelley Edling, Matthew Roy, Dean Lederer, Linh Vu, Keith Kekauoha, Chuck Mundorff .  On the phone were Treasurer Debra Ehrman,  Holly Somers, and Meg Carman.   Not present were Mark Thesing, Sandra Haynes, Past-Chair Phil Garrow and Art Stevens.  Also present was Suzanne Cushing of the Oregon State Bar.
II. MINUTES OF THE LAST MEETING
 
The minutes of the September 8, 2004 meeting were approved.
 
III. CHAIR REPORT
 
The Committee commenced the meeting with our guests, Board Chair Maureen Bock and Presiding ALJ John McCullough.
 
1.  A discussion was held regarding the new procedure for the approval of Stipulations and Disputed Claim Settlements. 
 
A.  One concern voiced was that the Orders of Dismissal approving settlements are not containing language dismissing the request for hearing with prejudice.  ALJ McCullough expressed the view that the parties were certainly free to include their agreement as to whether the dismissal was with or without prejudice in the settlement agreement, or specifically ask the that the Order of Dismissal contain language dismissing the request for hearing with prejudice.
 
B.  Another topic discussed was whether it was permissible for the parties to draft their own Order of Dismissal for submission with the settlement documents on those occasions when the circumstances called for the issuance of an Order on an expedited basis. ALJ McCullough noted that this would not be allowed under the current rules, but that the parties could request expedited review, and ask that a copy of the Order of Dismissal be faxed to one of the parties shortly after it has been signed.
 
2. A second topic discussed was the Board’s implementation of a new reporting system which
would be digital, and which would be operated by the ALJ; the court reporters would be eventually phased out of the system.  Board Chair Bock explained the history of the analog devices currently being used, the process the Board went through to acquire the digital replacement equipment, the manner in which the system would operate.  When fully implemented, the transcript of a hearing would be stored on the Board’s server.  Parties and ALJ’s could have access to the recording by accessing the Board’s server and downloading a .wav file.  The pay back period for the new system is approximately one year.  The Board will maintain a double system for a period of time while the new system is being implemented.
 
3.  The current backlog of postponed cases was also discussed with Board Chair Bock and
Presiding ALJ McCullough.  The time lag as of the meeting was about 8 months between the time a hearing was postponed and when it was reset.  Some of the backlog developed over the summer months due to vacations.  Multiple insurer cases where the ALJ controlled the setting of the hearing were discussed.  The Board hoped to get the backlog down to six months in the near future.
 
IV. TREASURER’S REPORT
 
The proposed budget for the next year was discussed and copies of the Section Budget Worksheet were distributed to members.  No bank balance was available.  The final budget will be approved at the next meeting.
 
V. COMMITTEE REPORTS
 
A. Salishan.  Roger Ousey will no longer be coordinating production of the CLE book.  Sally Curey has agreed to be a co-chair.  There were technical difficulties at the committee’s meeting in September so not much was accomplished.  The next meeting will be October 21, 2004.
 
B. Communications.   No report.
 
C. Daughtry Award.  No report.
 
D. Legislative.  No report from the committee.  A proposal was made by Meg Carmen to have a bill introduced to mandate that cases be reset within 120 days of the date they are postponed.  This topic will be passed along to the Legislative co-chairs.
 
E. Bench/Bar.   The program is set for November 12, 2004.  Brad Garber has agreed to speak.  Katherine Rosenbaum and Sandy Haynes are working on getting additional speakers.  Willamette Valley Vineyards is all lined up for a catered meal.  The Executive Committee will meet at 12:00 noon-before the meeting.
 
F. Race/Ethnic.   The committee was neutral on whether the Executive Committee should make a contribution to the Oregon Minority Lawyer.
 
G. Rules.   No report, except as noted above.  Parties can not submit their own Orders of Dismissal.
 
VII. OLD BUSINESS:
 
None
 
VIII. NEW BUSINESS:
 
None.
 
Meeting adjourned at 1:45 p.m.
 
 
 
 
 
 

September 2004

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MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING OF: September 10, 2004.
 
I.  CALL TO ORDER
 
Chair Hepburn called the meeting to order at 12:10 p.m. at the OSB offices.  The following members were present in-person: Chair Rodger Hepburn, Chair-Elect Abigail Herman, Secretary Martin Alvey, Treasurer Debra Ehrman, Matthew Roy, Dean Lederer, Linh Vu, Keith Kekauoha, Mark Thesing.  On the phone were Holly Somers, Past-Chair Phil Garrow, and Meg Carman.   Not present were Shelley Edling, Chuck Mundorff, Sandra Haynes, and Art Stevens.  Also present was Suzanne Cushing of the Oregon State Bar.
 
II. MINUTES OF THE LAST MEETING
 
The minutes of the July 9, 2004 meeting were approved with the amendment that Sally Curey has agreed to assist with the Salishan Committee.
 
III. CHAIR REPORT
 
No one has volunteered to be the “defense co-chair” at Salishan.
 
The Section has agreed to allow new members passing the bar this month to have free section membership until the end of 2004.
 
The Section’s budget needs to be submitted by October 15, 2004.  Hope to discuss the budget at the next meeting which is set for October 8, 2004.
 
IV. TREASURER’S REPORT
 
The balance for the period ending in August was approximately $15,000.00.  It was estimated that with the contribution to the Campaign for Equal Justice contribution and the additional expenses for the Bench/Bar Forum, that the year end balance will be approximately $9,000.00; about where it was last year.
 
V. COMMITTEE REPORTS
 
A. Salishan.   Meets the week of September 13-17, 2004.
B. Communications.   No report.
C. Daughtry Award.  No report.
D. Legislative.  No report.
E. Bench/Bar.   The program is set for November 12, 2004.  Brad Garber has agreed to speak.  Katherine Rosenbaum is working on getting additional speakers.  Willamette Valley Vineyards is all lined up for a catered meal.  For the food and the room the cost is approximately $3,000.00.  The Executive Committee will meet at 12:00 noon-before the meeting.
F. Race/Ethnic.   No report.
G. Rules.   No report.
 
VII. OLD BUSINESS:
 
he Committee had tabled the request by the Oregon Minority Lawyers for a contribution.  Discussion was held on the request and whether or not to contribute.  The matter was referred to the Race/Ethnic Committee for further research.
 
Mark Thesing moved that the Committee donate $500.00.  The motion was seconded.   Discussion was held and a vote taken.  The motion failed 4-8.
 
A second motion was made to e-mail the membership in a survey format to solicit the membership’s opinion regarding contributions in general, so long as there is a legal connection.  The motion carried unanimously.  Debra Ehrman will act as liaison.
 
VIII. NEW BUSINESS:
 
Martin Alvey brought up two pieces of new business.  The new rules for submission of settlements became effective on September 1, 2004.  A motion was made and seconded to have the Rules Committee look at whether the new rules will allow for the parties to submit a proposed Order of Dismissal with the settlment documents.  The motion carried unanimously. 
 
The second item of new business was the proposed change by the WCB to no longer have live court reporters at hearings, and instead move to a digital/computerized recording system which would be operated by the ALJ.  ALJ McCullough will be invited to discuss this change with the Committee.
 
Meeting adjourned at 1:07 p.m.
 
 
 
 
 
 

July 2004

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MINUTES OF THE WORKERS’ COMPENSATION SECTION EXECUTIVE COMMITTEE MEETING: July 9, 2004.
I. CALL TO ORDER
Chair Hepburn called the meeting to order at 12:05 p.m. at the OSB offices. The following members were present: Chair Rodger Hepburn, Chair-Elect-Abbie Herman, Secretary-Martin Alvey, Past-Chair-Phil Garrow (telephone), Shelley Edling, Matthew Roy, Holly Somers (telephone), Sandy Haynes, Meg Carman, Chuck Mundorff, and Mark Thesing.  Not present: Debra Ehrman, Keith Kekauoha, Art Stevens, Dean Lederer, and Linh Vu.  Also present was Suzanne Cushing, representative of the Oregon State Bar.
II. MINUTES OF THE LAST MEETING
The minutes of the May, 2004 meeting were approved.
III. CHAIR REPORT
A. Sally Curey will be willing to help out the Salishan Committee but is not interested in helping the committee.  There was discussion as to whether there was a need for a co-chair, as Betsy Wosko (claimant’s lawyer) would be willing to be the Chair of the Salishan Committee.  There was also discussion about having a newer section member from the defense bar assist Betsy or act as co-chair.
B. The committee discussed the Bench Bar Forum to be held in November.  There are some locations available, but these do not allow food, so the committee is still looking for a location.  The possibility of using Willamette Valley Vineyard was discussed.  The sub-committee thought it would be beneficial to know how much money they would have to spend, so they could better plan the program.
C. The Bar approved the Section’s legislative proposal.  The proposal is now on it’s way to Legislative Counsel for drafting.
D. The Oregon Minority Lawyer’s Association requested a money donation to assist minority law students.  The committee discussed the fact that it was determined when the Campaign for Equal Justice made a similar request that the expenditure needed to be in the budget.  The committee decided to postpone further discussion until next month.
IV. TREASURER’S REPORT
No report.  As of May, 2004 the balance was $33,000, before the Salishan bills had been paid.
V. COMMITTEE REPORTS
A. Salishan.  The sub-committee has not met.  There will probably be a meeting in the next month..
B. Communications.  A discussion was held regarding the newsletter issued by the Civil Rights Section, and whether the WC Section should issue a similar newsletter.
D.  Daughtry Award.  No report.
E. Legislative.  No report.  The sub-committee is aware of the May 1, 2004 deadline.
F.  Bench/Bar.  See Chair Report.  Also discussed whether the ethics portion of Salishan should be moved to the Bench/Bar Forum.  Holly Somers is to discuss this the Salishan committee and report back.
G. Race/Ethnic.  No meeting.  No report.
H. Rules.  No report.
VI. OLD BUSINESS
No Old Business.
VII. NEW BUSINESS
Doug Swanson’s letter about increasing attendance from the ALJ’s/Staff attorneys was discussed.
The concept of offering a “Season Ticket” to the Bench/Bar Forum and Salishan, at a reduced rate, was discussed.
Meeting adjourned at 12:40 p.m.  Next meeting scheduled for August 13, 2004.

May 2004

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EXECUTIVE COMMITTEE OF THE WORKERS’ COMPENSATION SECTION MEETING, MAY 2004

I. CALL TO ORDER

Member

Rodger Hepburn (On Phone)

Abbie Herman (Present)

Martin Alvey (Present)

Debra Ehrman (Present)

Phil Garrow (Present)

Shelley Edling (Present)

Matthew Roy (Present)

Holly Somers (Present)

Dean Lederer (Absent)

Linh Vu (Present)

Sandy Haynes (Present)

Meg Carman (Present)

Chuck Mundorff (Absent)

Keith Kekauoha (Present)

Mark Thesing (Present)

Art Stevens (Present)

Oregon State Bar  (Present)

II. MINUTES OF THE LAST MEETING:

The minutes from the April Meeting were approved.

III. CHAIR REPORT

Shortened meeting at Salishan. Chair Hepburn was on the phone for part of the meeting.

The committee discussed membership on the Salishan planning committee and the need to find new folks to chair the committee and fill vacancies on the committee.

The committee also discussed the fact that the section is now locked into Salishan for next year and that the meeting will occur on May 19-20, 2005.

IV. TREASURER’S REPORT

The balance: $33,000.

The balance included monies which would have to be spent on Salishan expenses.

V. COMMITTEE REPORTS

A. Salishan. See above.

B. Communications: No Report.

D. Daughtry Award: No Report.

E. Legislative: No Report.

F. Bench/Bar: No Report.

G. Race/Ethnic: No Report.

H. Rules: No Report.

VI. OLD BUSINESS

No old business.

VII. NEW BUSINESS

No new business.

Meeting adjourned at 11:45 a.m.

April 2004

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MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING OF April 2004:

I. CALL TO ORDER

Chair Hepburn called the meeting to order at 12:12 p.m. at the Oregon State Office Building in the offices of the Hearings Division of the Workers’ Compensation Board.

The following members were present in-person: Chair Rodger Hepburn, Chair-Elect Abigail Herman, Secretary Martin Alvey, Meg Carman, Keith Kekauoha, Linh Vu, Holly Somers and Mark Thesing. Also present was Suzanne Cushing of the Oregon State Bar.

Presiding ALJ McCullough and Board Chair Bock attended as special guests.

No members were on the phone, although Matthew Roy, Phil Garrow (and perhaps others?) tried mightily to get through. A conference call link could not be made at the Hearings Division. Not present were Debra Ehrman Shelley Edling, Matthew Roy, Dean Lederer, Sandra Haynes, and Art Stevens.

II. MINUTES OF THE LAST MEETING

The minutes of the March 12, 2004 meeting were approved.

III. CHAIR REPORT

A. Nomination Committee.

ALJ Jill Reichers, and defense counsel Julie Masters will be at Salishan nominated for the vacancies on the Executive Committee. Matthew Roy will be nominated as Treasurer. A defense lawyer will be needed to become the Secretary.

B. Casemaker.

Nothing new to report.

C. Board Members.

Chair Bock and Presiding ALJ McCullough attended as special guests.

Chair Bock announced that the Board web address will change soon to wcb.oregon.gov. On the budget front, much will depend on what occurs with the Board’s Own Motion jurisdiction and proposed legislation effecting the same. Chair Bock also discussed recommendations from the Office of Regulatory Streamlining. The recommendation was that almost all WC litigation would fall to the Hearings Division. This was a very preliminary recommendation.

ALJ McCullough spoke about the closed satellite hearing offices and spoke about the current docketing situation.

IV. TREASURER’S REPORT

There was no treasurer’s report.

V. COMMITTEE REPORTS

A. Salishan.

There was little to report as all is on track and on budget. A vote was taken to allocate money ($500.00) for the purchase of recognition gifts for John Klor, and for the Salishan Committee members.

The results of the Salishan location survey were discussed. It was agreed to delay the vote on a permanent location until the next meeting at Salishan.

B. Communications.

No report.

C. Daughtry Award.

There is one nominee. By the time this item of business was addressed, there was no longer a quorum. An e-mail vote will be taken.

D. Legislative.

It was recommended that the committee try to have draft language for the two proposed legislative changes by the time of Salishan.

E. Bench/Bar.

No report.

F. Race/Ethnic.

An article by Mark Thesing regarding medical access for Hispanic workers will posted to the website soon.

G. Rules.

New rules have been proposed re: cancelled depositions and a proposed fee schedule. The Rules Sub-Committee will address the same.

VII. OLD BUSINESS

VIII. NEW BUSINESS

Next meeting will occur at Salishan.

Meeting adjourned at 1:20 p.m.

March 2004

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MINUTES OF THE WORKERS’ COMPENSATION EXECUTIVE COMMITTEE MEETING OF: MARCH 12, 2004

I. CALL TO ORDER

Chair Hepburn called the meeting to order at 12:06 p.m. at the OSB offices. The following members were present in-person: Chair Rodger Hepburn, Chair-Elect Abigail Herman, Secretary Martin Alvey, Past-Chair Phil Garrow, Meg Carman, Chuck Mundorff, Keith Kekauoha. On the phone were Treasurer Debra Ehrman and Holly Somers. Not present were Shelley Edling, Matthew Roy, Dean Lederer, Linh Vu, Sandra Haynes, Mark Thesing, and Art Stevens. Also present were Julie Masters by telephone and Suzanne Cushing of the Oregon State Bar.

II. MINUTES OF THE LAST MEETING

The minutes of the February 13, 2004 meeting were approved with the exception that Donna Richardson was present at that meeting and not Suzanne Cushing.

III. CHAIR REPORT

A. Nomination Committee. Keith Kekauoha and Sandra Haynes have terms expiring. Debra Ehrman has indicated that she no longer wants to act as treasurer at the end of this term. Accordingly, a defense and an ALJ position will be open for new members. Rodger Hepburn will contact Karli Olson about the nomination committee’s suggestions for new members.

B. Casemaker. Gerry Gaydos of the OSB Board of Governors was present and described the Casemaker implementation process and urged the Committee to make Van Natta’s available to the entire membership. It was moved and seconded that when Van Natta’s becomes available through Casemaker that it be made available to the entire membership of the Oregon State Bar as opposed to restricting access to members of the Workers’ Compensation Section. The motion passed unanimously.

C. Board Members. Chair Bock and Presiding ALJ McCullough will be present at the April 9, 2004 meeting.

D. Section News. Will be available over the Section listserve

IV. TREASURER’S REPORT

The balance for the period ending December 31, 2003 was $9,363.00. It is anticipated that an additional $7,500.00 will be forthcoming when the OSB section dues are received.

V. COMMITTEE REPORTS

A. Salishan. Nothing to report except that the 2005 dates have been pencilled in for May 19-21. The deposit for next year’s Salishan conference is due at the time of this year’s conference.

B. Communications. The Sub-Committee met. The listserve is operational.

C. Daughtry Award. One nomination has been received. It was moved and seconded that further discussion of the nomination be tabled until the April 9, 2004 meeting. An e-mail will be sent to all Committee members reminding them to be present at the next meeting as this nomination will be voted on at that time. The motion passed unanimously.

D. Legislative. No report.

E. Bench/Bar. No report.

F. Race/Ethnic. No report at this meeting. Work is continuing and a report is expected at the next meeting.

G. Rules. No meeting. No report.

VII. OLD BUSINESS

VIII. NEW BUSINESS

Anne Lettin with the Oregon State Bar was present to explain that a survey of the membership was going out that afternoon (March 12, 2004) to survey the membership regarding the location of the Section’s annual meeting, i.e. whether to continue to have the meeting at Salishan.

Meeting adjourned at 1:08 p.m.

February 2004

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MINUTES OF THE WORKERS’ COMPENSATION SECTION EXECUTIVE COMMITTEE MEETING FEBRUARY 13, 2004

I. CALL TO ORDER

Chair Hepburn called the meeting to order at 12:08 p.m. at the OSB offices. The following members were present: Chair Rodger Hepburn, Chair-Elect-Abbie Herman, Secretary-Martin Alvey, Treasurer-Debra Ehrman, Past-Chair-Phil Garrow, Shelley Edling, Matthew Roy, Holly Somers, Dean Lederer, Linh Vu, Sandy Haynes, Meg Carman appeared by phone. Not present: Chuck Mundorff, Keith Keklauoha, Mark Thesing, Art Stevens. Also present were Julie Masters-Website person and Rod Wegner and Suzanne Cushing; representatives of the Oregon State Bar.

II. MINUTES OF THE LAST MEETING

The minutes of the January 16, 2004 meeting were approved.

III. CHAIR REPORT

A. Nominating Committee. A Nominating Committee consisting of Karli Olson, Abbie Herman, and John DeWinter, was announced. The Nominating Committee was to have a list of potential candidates for the Executive Committee openings by the April meeting in anticipation of Salishan.

B. Stafford Hazelett’s Retirement Party. Chair Hepburn reminded all that ALJ Hazelett’s retirement party was set for February 23, 2004 at the Oregon State Office Building. ALJ Hazelett suggested that contributions be made to the Alex Gruber Scholarship Fund.

C. Website. Julie Master was present and gave the Committee a rundown on the progress being made on the Section’s website and it’s potential uses.

IV. TREASURER’S REPORT

Treasurer, Debra Ehrman reported that there were no hard income numbers yet available for 2004. As of November 20, 2003, the balance was $11,958.09. The ALJ/Staff attorney stipends for Salishan have been sent out. The mileage reimbursement rate has gone up with the advent of the new year.

V. COMMITTEE REPORTS

A. Salishan. Plans for Salishan were all coming together on schedule. The Committee wants the conference to stay at Salishan-if another location is desired, a new committee should be appointed with the charge of finding a new location. Past Chair Garrow reminded the Committee that the deposit for the next year’s conference is due at the time of each Salishan conference in order to hold the selected date.

Debra Ehrman suggested the solicitation fo opinion re: conference location be added to the registration form for this year’s Salishan conference. Debra Ehrman volunteered to design a question for a mass e-mail to section members.

B. Casemaker. Rod Wegner of the OSB announced that the addition of Van Natta’s to the database was a done deal, that the cases form 2000 to the present would be on to start with.

C. Communications. Meg Carman announced that about 80 folks do not have an e-mail address. These folks will be cut off from the Section newsletter as the Board will no longer be mailing theirs, nor will the section. The suggestion was made to add the Section Newsletter to the Website for all to see. from the Oregon State Bar announced that the section listserv is up and running. Julie Master detailed what could go up on the section website. Julie is to get the minutes from the Executive Committee meetings to post on the Website.

D. Daughtry Award. No report.

E. Legislative. No report. The sub-committee is aware of the May 1, 2004 deadline.

F. Bench/Bar. No report.

G. Race/Ethnic. Keith Kekauoha was not present. No report.

H. Rules. No report.

VI. OLD BUSINESS

(See above re: Salishan move and Casemaker news)

VII. NEW BUSINESS

Workers’ Compensation Board Members will be present at the next meeting on March 12, 2004.

Meeting adjourned at 1:04 p.m.