Not long ago, I took to this Blog to discuss the departure
of Thomas Portuallo, a long-serving Florida Judge of Compensation Claims. I described my feelings about Judge Portuallo
and his service to this State. I write today to thank another icon of our
organization, Judge Alan Kuker, and to congratulate and thank others (more on
that later). Judge Kuker was appointed
Judge of Compensation Claims in 1973 by Ruben Askew. He thereafter served
continuously for forty years in District MIA, leaving an indelible mark on the
history of Florida’s workers’ compensation adjudication process. Judge Kuker’s
term is expiring, and he will not be serving another.
As I mentioned in the Blog regarding Judge Portuallo, none
of us is irreplaceable. Someone will have large shoes to fill indeed when she
or he replaces Judge Kuker in Miami. His departure is the end of an era in
South Florida. Judge Kuker has seen the time of Deputy Commissioners and JCCs,
the First District and the Industrial Relations Commission (IRC). In fact, by
special designation, Judge Kuker presided as a part of an IRC panel several
years ago with Leander Shaw, Jr., who would go on to serve as a Florida Supreme Court Chief
Justice.
The OJCC will miss
Judge Kuker and his positive contributions to the adjudication process. His
persistence and fortitude are an inspiration to all who would hold the job of
JCC. To devote one’s career to this job,
over the span of 30 years, cannot have been an easy task. Believe it or not,
being a JCC can be a thankless job some days. Judge Kuker told me repeatedly,
though, that he loved the job and greatly enjoyed what he was doing.
One reason that being a JCC is sometimes frustrating is in
the nature of our system. In civil cases and criminal cases, there is usually a
clear victor. The extent of victory is perhaps debatable in those contexts, but
usually, there is a winner and that party emerges from the process pleased. Not
always so in workers’ compensation. Because of the serial nature of claims, it
is not uncommon for both sides to leave a hearing upset or even angry.
I recall a case in which a claimant sought multiple
benefits; the Carrier denied and asserted the so-called “fraud” defense. The
judge denied the benefits and declined to ban the worker’s potential future
benefits, by declining to rule against the claimant on the misrepresentation. The Judge
simply elected not to address “fraud” and thereby denied the defense. The
carrier, having prevailed, owing no claimed benefits, appealed to the Court
seeking an order compelling the Judge to rule on the misrepresentation. They
lost again. The point though, is that in that case all parties were displeased
with the trial result. Neither party felt they were the victor. All parties were mad
at the judge and mad at the system, and dissatisfied. Some of them told me so.
I hear complaints from attorneys, injured workers,
adjusters, risk managers, employers, doctors (well, you get the picture) about
workers’ compensation generally and the adjudication process specifically. No
one would tell you our system is perfect. What each might wish to change,
however, varies. But returning to the point, it is not easy being a JCC. Knowing
we are engaged in a difficult and sometimes thankless job, we are proud and
excited to welcome Judge Massey to our ranks soon. Congratulations Mr. Massey!
Governor Scott appointed him to serve in Tampa, replacing Judge Joe Murphy, upon
his retirement. This week Governor Scott also reappointed Judges D’Ambrosio
(WPB) and Rosen (STP) for four more years. Congratulations Judges! We are proud
of them all.
During the twelve years since I was appointed in PNS, Judges
have left the bench, and the OJCC is not the same as it was. I could write an
entire Blog page about each of those who have departed, and perhaps someday I
shall. For today, though, it has been my personal pleasure to know Judge Kuker
and Judge Murphy over these comparatively short twelve years that I have been a
judge. I am certain that each will bring
great energy to whatever endeavor each selects as his next challenge. Parting
will not be easy for any of us. We wish Judges Kuker and Murphy Godspeed and the
best of luck. We commit to you that we will continue to grow in our
capabilities and improve this organization, bringing you be best service that
we can.
Remember that none of us is irreplaceable, though that does
not mean replacing certain people is easy by any means.
