On May 13, 2018, an era ends in Florida.
Several times in the last few months, a big deal has been made in the press about someone's final 10-7. That is a radio call police use to inform of their "end of shift." There was one in Sarasota in April (30 years), another in Georgia (20 years), and not so long ago in Arizona (37 years). These calls mark an end and a beginning, after many years of faithful service.
Those news stories resonated with me and caused me to reflect on the many Florida Judges of Compensation Claims I have been privileged to know over the days I have been involved in this industry. Recent news of law school graduations, and the swearing-in of new lawyers following the February bar examination, have reminded me of my youth in this industry. I used to find the phrase preposterous, but "it seems like only yesterday."
I began my career in workers' compensation in 1991 in Jacksonville. The workers' compensation office there was a dusty, disorganized, adventure. There were tiny hearing rooms and huge stacks of paper (everywhere). Some of the staff were helpful and courteous, others were supercilious and condescending. I learned much in that office, good and bad.
I was privileged to represent some fine companies and work with exceptional clients. One of which called upon me to travel for its cases to such exotic locales as Starke, Gainesville, and St. Augustine. They were the beginning of what became my statewide practice. In about 1994, at a very small facility of that client, one of the ten employees was injured, filed a claim, and an order was entered requiring mediation. It was my first claim in Tallahassee.
There were various disputes in the case, none of which I remember today. But the crux of the story came down to several motions that needed hearings. I managed to procure time on the judge's calendar one morning, prior to our afternoon mandatory mediation. My client and I drove from Jacksonville together, about 187 miles of nothing but pine trees and more pine trees. I fear that no poet in the world could glamorize Interstate 10.
Being new to the Tallahassee district, I had asked around about what to expect. My client was pessimistic and dismissive as I outlined our plans for the morning's motion hearing, saying: "It won't matter," "waste of time," and "been here before." I repeated what I had learned of Tallahassee from the grapevine, tried to remain positive, and on we drove.
Over the years, I have forgotten the motion and mediation outcomes. For whatever reason, I vividly remember our visit to the client's very small Tallahassee facility, a somewhat tense exchange with the claimant's counsel, and the ride home. On that ride home, my client's demeanor had smoothed. He reminded me of his morning pessimism, and I will always remember him saying "You were right about that new judge, I really do think he listened."
Lawyers tend to remember victories and successes. I think if I had enjoyed any victory that day, my memory would be of that. But, my memory is that my client felt we had been listened to. My client valued the experience because of perceptions of respect. Things "were different" in Tallahassee. My client professed that in workers' compensation in Tallahassee, there was a "real judge." The judge that day was John Lazzara, and he had then been on the bench there for about two years.
Judge Lazzara had initially been appointed in 1990 to replace Judge Louis Tidwell in Tampa. He requested to transfer north when Judge Gus Fontaine retired in 1992 after 27 years on the bench. An odd request perhaps, a dyed-in-the-wool Gator moving to the heart of the Seminole stronghold?
On May 13, 2018, Judge Lazzara will retire after 28. Consider that, over the last 55 years, only two Judges of Compensation Claims have presided in Tallahassee District (formerly District A, then District A East). One of Florida's workers' compensation deans, Jim McConnaugghay has been practicing workers' compensation in Tallahassee since 1969, and there have only been two judges there in all those years.
On May 13, 2018, Judge Lazzara will retire after 28. Consider that, over the last 55 years, only two Judges of Compensation Claims have presided in Tallahassee District (formerly District A, then District A East). One of Florida's workers' compensation deans, Jim McConnaugghay has been practicing workers' compensation in Tallahassee since 1969, and there have only been two judges there in all those years.
Many may not remember it, but 1992 was a tumultuous time for workers' compensation in Florida. The legislature had worked on workers' compensation reforms in 1979, 1989, 1990, and 1991. In Tallahassee in 1992 and 1993, interests were still colliding, premises were being questioned, and costs were rising. No bill was passed in 1993, and so a special session was called that fall for workers' compensation. And, Judge Lazzara was the local expert, in the thick of what was eventually the major reform that became law on January 1, 1994.
Judge Lazzara was the presiding judge in Tallahassee when the legislature next reformed Florida workers' compensation in 2001, shifting the Office of Judges of Compensation Claims (OJCC) from the former Department of Labor to the Division of Administrative Hearings (DOAH). That too was a tumultuous time. DOAH was committed to transforming and modernizing the OJCC, but the OJCC was not exactly eager to evolve. Judge Lazzara was the "answer man" time and again as integrating the two agencies progressed.
That 2001 statutory change created the position which I now hold, Deputy Chief Judge. Prior to that, there had been a Chief Judge in the Department of Labor. However, the DOAH already had a chief judge, and thus the 2001 law created a new position. Scott Stephens was appointed to fill that in 2002. When Judge Stephens was appointed to the Circuit Court in 2005, Judge Lazzara was chosen to serve as "Interim Deputy Chief Judge." In the dozen years I have held this job, Judge Lazzara has been the one with whom I can commiserate. Of the current judges, only he and I have borne this responsibility.
In 2008 there was recognition that no national organization existed for those who adjudicate workers' compensation cases. In 2009, the National Association of Workers' Compensation Judiciary (NAWCJ) was formed, and Judge Lazzara was the natural choice for the inaugural president. He led the fledgling organization for two years and mentored those who followed him. As the NAWCJ prepares to present its tenth annual Judiciary College in August 2018, Judge Lazzara just recently relinquished his seat on the Board of Directors. His ten years of service have been a bedrock of the NAWCJ.
In 2012, the Workers' Compensation Institute announced the Hall of Fame, naming an inaugural class of 18 Floridians. Judge Lazzara was in that number. Among such icons as Joe Keene, Bob O'Halloran, Al Frierson, Richard Sicking, Gerry Rosenthal, David Parrish, Jim McConnaughhay, Steve Rissman, and more. There is perhaps no greater testament to Judge Lazzara's stature in this system.
No, Judge Lazzara is not the longest-serving Judge of Compensation Claims (JCC) in Florida. That honor belongs to Alan Kuker, Boston University (and likely always will, at 40 years of service). He is not even the longest currently serving. That honor goes to Judge Daniel Lewis (FTL), University of Florida, who is currently at 30 years (Judge Elwyn Akins of Gainesville retired in 1991 after 30 years, another Gator). But, my records indicate Judge Lazzara has served the fourth longest in our history, at 28 years. It is an accomplishment worthy of note.
Along the way, he has served on countless committees, mentored innumerable peers, and scaled various perilous professional cliffs. His interpretations have not always been affirmed by the appellate courts, nor perhaps been popular in the court of public opinion. However, popularity is not the hallmark of a good judge. Whether he was affirmed or reversed, Judge Lazzara has steadfastly endeavored to follow the law and has remained fiercely independent.
Next Monday, a new era will dawn in Tallahassee. Its' second JCC of the twenty-first century, Jacquelyn Newman, will be sworn, and Judge Lazzara will retire. I believe it will mark the first time a Seminole grad has presided in the Capital. I have periodically reminded my readers that change is inevitable, and have mentioned before that no one is irreplaceable, but that does not mean replacing them will be easy. As with other changes in other districts, the OJCC will persevere, survive, and thrive.
Judge Lazzara has been a student, scholar, leader, professor, jurist, mentor, critic, and more. Today I congratulate Judge Lazzara on his long and storied history in service to the people of Florida, the workers' compensation industry, and the Florida OJCC. Today, I wish him a long and happy retirement. Today, I tell him that he is loved, that he will be missed, and that he has so much of which to be proud. I regret that his 10-7 will go unnoticed by the press, but suggest it is worthy of note.
Thank you, Judge Lazzara and Godspeed.
