Our Advocacy - Hooton & Chen LLP

Attorney Bin Chen recently teamed with attorney Steve Schoenfeld (of Schoenfeld & Schoenfeld, PC) to investigate the cause of declining number of certified vocational counselors in this state and its impact on the provision of vocational services for injured workers.

In 2018, Attorney Bin Chen served on the rulemaking advisory committee for OAR 436-060-0025, “Worker’s Weekly Wage Calculation and Rate of Temporary Disability Compensation.” Bin specifically proposed a change to the existing administrative rule to clarify how a worker’s average weekly wage should be calculated when the worker has experienced an increase or decrease in the rate of pay following a new “wage earning agreement.” This change was incorporated into the new Division 60 rules effective as of August 1, 2018.

In 2018, Attorney Bin Chen served on two separate advisory committees for the Workers’ Compensation Board and Workers’ Compensation Division concerning a rule concept that would require certain time-sensitive and important documents from the two agencies to be accompanied by a multi-language notice, alerting the recipients that important rights may be affected. In his capacity as the Chair of the Access to Justice Committee of Oregon State Bar Workers’ Compensation Section, Bin testified on several times before the Workers’ Compensation Board in support of this rule concept to protect the legal rights of non-English speaking injured workers. Bin and his committee also proposed a rule concept that would require translation of written evidence presented at a workers’ compensation hearing into English.

In 2017, Attorney Bin Chen worked with several other attorneys to investigate the issue of a lack of access to medical care experienced by injured workers in this state, including a shortage of panel providers within the Managed Care Organization (MCO) system. The results of the investigation were provided to the Workers’ Compensation Division for consideration of changes to the Division 10 medical services rules.

On October 14, 2016, Attorney Bin Chen presented to the employees of Workers’ Compensation Board on the topic of potential impact of cultural differences on workers’ compensation. The presentation was well received. The presentation is available as a seminar for diversity training upon request.

In April of 2015, Attorney Bin Chen wrote to the Workers’ Compensation Division to propose cultural sensitivity training for IME physicians. A copy of his proposal can be found here: https://www.oregon.gov/dcbs/mlac/Documents/2015/11-30-15/independent-medical-examination-review-10-15.pdf