Monday, August 27, 2012

You Must Keep your Profile Current

It is your responsibility to keep your email up to date with the OJCC in your user profile. 

The OJCC has become inundated with "Designations of Email Addresses Pursuant to Rule 2.516." 

The Office of Judges of Compensation Claims (OJCC) is part of the Executive branch, not the Judicial Branch. Jones v. Chiles, 638 So.2d 48 (Fla. 1994); In Re Florida Rules of Workers' Compensation Procedure 891 So.2d 474 (Fla. 2004).   The Rules of Judicial Administration apply to Courts in Florida, see R.Jud.Admin Rule 2.110. These rules do not bind the administrative process before the OJCC, an administrative hearing agency within the Executive branch. The Florida Supreme Court has so stated "the Workers' Compensation Rules of Procedure constitute an unconstitutional encroachment on the power of the executive branch to adopt rules of procedure for its own agencies." Likewise, any procedural rule enacted by the Court is binding only on the Florida Courts. For such rules to apply to the OJCC or any other administrative agency would likewise be an "unconstitutional encroachment."

The OJCC offers electronic filing to its registered e-filers. Through that program, attorneys, adjusters, mediators and parties may register to receive notices and orders from the OJCC through electronic transmission. This process affects significant cost savings to litigants in Florida workers' compensation cases. The electronic platform allows parties to register both a primary and secondary email address with the OJCC. To do so, attorneys must list their desired email addresses in e-JCC, in their "profile." Only the e-filer, "user," can change their profile. OJCC district staff cannot change this profile, regardless of being asked to by attorneys or others. Updating the profile is the user's responsibility and power alone. 

Two points are pertinent. First, filing a "Designation of Email Addresses Pursuant to Rule 2.516" with this administrative agency does not change the registered user's e-JCC profile. The notices and orders of this Office will be served by this Office on the email addresses listed in e-JCC, regardless of any such document filing. The OJCC is not responsible for adjusting users profiles or for serving notices and/or orders on email addresses listed in any pleadings, including "Designations of Email Addresses Pursuant to Rule 2.516." If attorneys wish to alter their registered email addresses as regards OJCC notices or orders, that is and remains their responsibility, in the profile in e-JCC, and is not accomplished by filing a pleading.

Second, the OJCC Rules of Procedure are currently pending revision. The proposed rules are published on the OJCC website.

The OJCC is currently accepting comments on those proposed rules. The comment period closes September 22, 2012. Anyone having any questions or comments regarding the proposed rules should send those to either Judge Cohen or myself.

Judge Cohen 
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida  32399-3060

Judge Langham
700 South Palafox Street,
Suite 305
Pensacola, FL 32502
david_langham@doah.state.fl.us

Finally, some have asked if changing their email with e-JCC will automatically change their e-mail address registered with The Florida Bar. It will not. Likewise, changing the email address you have registered with the OJCC, through e-JCC, will not change the address you have registered with The Florida Bar, The First District Court of Appeal, or any other agency, court, company or otherwise. Changing your e-JCC registered address will change only that, your e-JCC registered address.