| President's Message | Treasurer's Report | Smother's Case Decision | Notes from Editors |
| Who's Left in R.R.U.? | News from R.A.U. | Injured Worker Fund | OARP Fall Conference |
I hope summer is going well for all of you. As my eight year old son said the other day, "It's just not fair that grownups have to work in summer". I couldn't say it better. Maybe someday.
But just at those times when I'm feeling particularly stressed out, when multiple deadlines are approaching, a training plan falls apart or a referral source expects me to drop everything else I find myself being thankful for just how wonderful this career we've all chosen really is. It not only feels that way when we place that fellow everyone had given up on, or when a client or account says thank you for a job well done. It also comes from the opportunity to travel down I-5 on a spectacular day or to read a file by the river between appointments, It comes from the days we can't seem to get anything done at the office for all the interruptions, so we head out, files and Dictaphone in hand. It also comes from the ever growing list of people who seem to be recognizing our skills and calling for it, from divorce lawyers to pension funds.
For those of us in private rehab, it comes at every legislative session's end. When we survive what for me is about the 11th legislative session since starting in this field, it feels good. We all know it's the right thing. We all know that if we were hurt or our family member were hurt we would expect it. But what can each of us do between now and the ever present next session to see to it that we stick around? Many of us know a legislator and we need to talk to them. Each of us needs to do a better job of learning what our elected officials stand for and to support those who support our positions. Many of us know someone in the media eager for the next human interest story. We all know business owners who have moved from skeptic to satisfied because of one motivated worker. Encourage the business person to spread the word. Like it or not, every successful rehab counselor is a bit of a salesperson. Sometimes we're so busy promoting our clients that we forget to promote our profession . Lets not be shy about trying to save our profession, lets try to ever expand its application, reach and clientele.
If any of you members have an idea you think is a winner or need help please talk to one of our board members. And please you non members, do your share and commit to becoming a member of IARP/OARP, the organization that truly is intent on supporting rehab professionals of all kinds.
As always, I look forward to hearing from you.
Scott Stipe
President OARP
Ed Hickok, OARP Treasurer, reported net assets of $ 5,124.41 as of the last Board meeting on June 19, 2001. As always, feel free to contact any Board member to comment or recommend how you think OARP might best utilize this money to benefit members.
In May the Oregon Supreme Court announced its long awaited decision on this important case. The court in essence said that injured employees would at times have a right to sue employers when workers' compensation claims are denied. The decision caused much concern among employers and insurance companies to the extent that many companies and the attorney firms representing them have presented countless workshops and information sessions to worried employers.
In the case, Smothers v. Gresham Transfer the court limited the scope of what is commonly referred to as the "exclusive remedy" provision of workers' comp law.
It found that in limited cases in which a claim is denied because it is not deemed to be the major contributing cause of an injury the worker has a constitutional right to sue the employer.
Employers were concerned about the costs this would add to the system based upon state estimates that the ruling could cause as many as five hundred law suits per year. Labor provided the opinion that the ruling closed a legal gap, a loophole that left many injured workers with denied claims, serious injuries and no means of recovery.
Senate Bill 485 passed the Senate and House after being adjusted and amended to address
Issues raised in the Smothers decision.. The revised bill allows more workers to be compensated without having to sue even though the accident wasn't the major cause. It will require employers to keep as many workers as possible within the comp system. It will also require injured workers to exhaust all appeals in the comp system before moving to circuit court.
Many interested parties, regardless of their own interests appear to agree that the decision will significantly impact the decision making process of insurers and employers with regard to denials related to these issues. The Management Labor Advisory Committee will be working on recommendations regarding this topic to present to the 2003 legislature.
Submitted by: Scott Stipe
By Sandy Schramm and Adriane Gaffuri
We are hoping to see many of you at the Fall conference. The Program Committee members have been very busy arranging the facilities and the slate of presenters. The OARP Board wishes to thank the several members of the Program Committee who have been actively contacting potential speakers for the Fall Conference in Hood River. Thanks go to the Chair, Margaret Moore, for arranging the facilities at the Hood River Inn and some of the speakers. Thanks also to Clayton Rees, Grace Smith, Sandy Johnston, Cheri Ballantine, Linda Hill for planning the rest of the program.
As always, please continue to provide feedback about OARP At Work or anything else related to OARP or the Rehab community to any Board member (names and phone numbers are listed on the front of this issue).
The opinions expressed in any OARP At Work article are those of the author of the article only and do not necessarily represent the opinion of the OARP Board or any of its members.
Retirements and Other Changes
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As many of you probably know, Dave Gross retired June 30, 2001. We in RRU miss him a lot and I imagine many in the rehabilitation field miss him. Other changes are underway. Since Joe Leczel's retirement, there is no one permanently based in Medford for the Reemployment Assistance Unit. WCD recognizes that injured workers and employers in Southern Oregon would be better served if an RAU representative were in the Medford office. So, Rand Schledorn is going to start a job rotation in September 2001 to provide the full range of RAU services to employers and injured workers. RRU is glad Rand will be able to meet that need. Nonetheless, RRU will really miss Rand.
So, who's left in RRU? In the Salem office we have Allen Britton, Rebecca Folz, Warren Patterson and Dan Przybylowski. In the Medford office, we have Andre Allen, Heather Grogan and Connie Workman. Teddy Forester is still the manager of RRU.
The second annual Oregon Workers' Compensation Educational Conference will be held September 17th and 18th for anyone involved in the workers' compensation system available in 'Oregon.
For more information, please go to the WebPage at: www.oregonwcd.org.
To best use shrinking training resources, RRU will not be providing as many RRU Roundtable meetings in outlying areas as in the past. We will definitely not go to Pendleton in the fall and we may have to cancel the meeting in Bend also.
RRU would still like to hear about successful rehabilitation stories. We publish these in WCD's quarterly publication, the FOCUS. If you have such a story you can contact Warren Patterson through E-mail:
(warren.patterson@state.or.us) or call him at (503) 947-7768.
Unit Remains Busy
Barbara Smith, Re-employment Assistance Unit Manager, recently reported that the unit remains very busy providing services to injured workers and employers through its various programs. In addition, they have been very actively working on revising the rules. The Employer-At-Injury Program rules (now Division 105) have been separated out from the Preferred Worker Program rules (Division 110) and both are being revised and clarified.
The unit actually put together two plans for revising the Employer-At-Injury Program rules. Plan A was to clarify the previous rules. Plan B was to write new procedures, including such changes as replacing the wage subsidy with a transitional work subsidy and other changes, trying to make the program easier for small employers to utilize. They had an advisory committee meeting and the advisory committee preferred Plan A, so that is how they proceeded. The new rules for both Division 105 and Division 110 will go into effect October 1, 2001. The new rules will be posted on the Website soon at
www.oregonwcd.org/docs/rules/rules.htm#perm.
Barbara Smith noted that the Division 110 changes are expected to make the rules easier to use and clearer. She noted that obtained employment purchases will no longer be allowed out of state and moving expenses, once the person has moved out of state, will not be allowed. They are working on revising their forms as well. The final copies will be posted on the website.
Personnel Changes
Personnel changes have included Joe Leczel's retirement and Paul Harrington leaving the Medford office. As of September 1, 2001, Rand Schladorn will be acting as a re-employment consultant. Bruce Friedrickson has moved to medical review. Since the Re-employment Assistance Unit has only 6 consultants now, they have stopped doing on site visits for the Employer At Injury Program.
New Rules
They will be doing a round of training on the new rules, probably in October. Barbara Smith will present information on the new rules at the OARP Fall Conference in Hood River. She will speak on Friday, October 19. She will also present a brief overview of the new rules at the WCD Education Conference (in Portland on September 17 & 18). For more information about the conference call Billie Healy at 503-947-7622 or visit the website at www.oregonwcd.org.
Fund Alive & Well
The Oregon Injured Worker Fund is alive and well and in need of your assistance. The fund was created to provide assistance to injured workers with a variety of return-to-work/vocational needs not covered by their insurance carrier. It is funded through the generous donations of private individuals, insurance companies, rehabilitation agencies and others in the rehabilitation and worker's compensation industry.
Since the spring of 2000 a total of 6 injured workers' have been provided with emergency assistance through the fund. Their needs ranged from assistance with rent, mileage, clothing, car repairs, etc.. Given the limited funds no worker is provided with more than $200 of assistance.
As we enter the winter months, the requests for assistance increase. Anyone who wishes to make a contribution or who wants to request information about the fund can contact any board member or you can contact:
Oregon Injured Worker Fund
c/o Linda L. Hill
833 SW 11th Avenue, Suite 507
Portland, OR. 97205
OARP would like to thank each of you who have contributed to the fund for your generous donation.
by Sandy Johnston
An exciting slate of speakers awaits you at the OARP 2001 Fall Conference to be held October 19th and 20th at the Hood River Inn in the beautiful Columbia Gorge. We are pleased to welcome our keynote speaker, Dianne Simmons-Grab, the new president of the International Association of Rehabilitation Professionals. Dianne has been serving in a leadership role in IARP since the mid-1990's and hails from New Jersey. She will be speaking about ethics in rehabilitation work and the "state of the state" in our national organization.
We all encounter clients with chronic pain who do not benefit despite a plethora of treatments. Gregory Smith, a psychologist at Progressive Rehabilitation Associates, will address problems with chronic pain--and why treatments fail.
Oregon's progressive programs to ease the transition from injury to re-employment will be the focus for a presentation by Barbara Smith, Preferred Worker Supervisor. She will update us on the new rules for the Preferred Worker Program and the Employer at Injury Program.
Finally, Mike Leland of NW Occupational Medicine Center and Linda Hill will do a "Dog and Pony Show" about neuropsychological evaluations. They will speak about typical components of the neuropsych evaluation and the implications of the test results for vocational planning. Not sure who is the dog and who is the pony.
Plus...there will be more! Hope to see you there. Brochure to be mailed!
