I recently participated in a panel discussion on COVID-19. Sponsored by WorkCompCentral (the recording is available, is free, and is certified for various continuing education requirements). The program was moderated by Rafael Gonzalez and featured Ya'Sheaka Williams and Matthew Landon (whom I just met). The topic was broad in terms of this pandemic and workers' compensation but focused on the Florida experience. We noted various challenges, developments, and even curiosities in the SARS-CoV-2/COVID-19 onset, reaction, and progress.
There were encouraging statistics cited. Mr. Gonzalez noted that new cases reported daily are continuing to decrease. Despite significant hand-wringing last summer, Florida has largely and successfully re-opened its schools and many businesses. There are also a fair number of students who have not returned and continue to strive in either a remote or home-based equivalent. But, likewise, a great many have returned to school in person. It is fortunate that they were afforded the choice. I have heard anecdotally from some of those students. They claim to be reasonably pleased to be back. But, believe it or not, some are not fans of the facial covering requirement.
Florida, the panel noted, has entered "Phase 3" of re-opening. It is not an "all clear," nor anything close to it. But, it is a significant move toward what we knew a year ago when SARS-CoV-2 was spreading elsewhere but not yet in the U.S. In October 2019 we did not know that this coronavirus existed. We ate in restaurants at will, traveled as needed/wanted, shook hands when we met people, and more. Phase 3 brings us in that direction with business re-openings and a state override of local fines for failure to wear face coverings.
It reminded me of Ron White, who quips about the "Heightened States of Awareness" that we have experienced since September 11. He says "I've yet to meet one person who knows what to do differently if the heightened state of awareness is yellow or orange." He suggests that we are all a bit out of it when it comes to this government information program. He makes some fair points in that regard. One of the most humorous points he makes is "Apparently when the heightened state of awareness is blue, you don't even need sunscreen." Well, as to COVID-19, we are not to "Blue," but things appear to be improving.
The panel discussed shifting/pivoting to remote work and telecommuting. Since this pandemic hit our shores, the Florida OJCC has engaged in some telecommuting, perhaps as much as 20% of the workforce. But, for the most part, we have remained in the office, focusing on moving the cases forward. We have shifted mediations to mandatory telephonic early in the onset, back to discretionary telephonic, and then back to the mandatory. The main reason for that shift is the volume of time spent by lawyers and mediators on the requests when discretion rules. We remain on mandatory telephonic currently and will through October 30, 2020. Updates are periodically posted on the Announcement blog.
The WorkCompCentral program highlights various numbers in terms of the diagnosis of cases in Florida, the reported (notice of injury) lost-time cases that are detailed by the Division in their (so far) four monthly updates, and the notably low number of litigated claims. Each month, their report is highlighted here; the latest is Florida COVID-19 September. The litigation numbers are similarly updated monthly here; the latest is Florida COVID-19 September Litigation Update. The recent discussion is a great 90 minutes overview of COVID-19 and the progress we have made thus far and includes references to these figures and potential trends.
But, the program also reminded me of some other points. First, those folks who are juggling only COVID-19 and work (me) are the lucky ones (even when you add in a hurricane). Those who are juggling COVID-19, work, children, family members in need of care, job loss/reduction, homeschooling, business closure, comorbidity concerns, medical treatment needs, and more should be in our thoughts. There is no doubt that COVID-19 challenges us all, but it is as obvious that the impacts are more notable for some than for others. If you are in a difficult situation, know that people are certainly thinking of you.
And, for some reason, in the midst of all of that, it occurred to me that our host Rafael Gonzalez is approaching his thirtieth year in the workers' compensation community. He has transitioned from one of the young go-getters, the up-and-comers, to one of the been-there-done-thats. I remember Rafael from his youth (from pictures mind you, he is much older than me). But, time has a way of coming for us all.
This reflection made me marvel for a few moments during the program on the natural cycle of professional growth. We undertake new challenges in this workers' compensation community. As we grow we encounter others who thrive (or seem to) in this community, but often we notice some fading away or departing entirely. They transition from the "go-to" to a "have you thought of?" and sometimes to a "when was the last time you saw?" They age, progress, perhaps fade, perhaps depart. I have met a great many people in this community and it seems a striking minority have the fortitude to remain at the top of the game until the grey hair sets in.
As I thought of the icons I have been blessed to know (including in no particular order: Al Frierson, Jack Langdon, Jim McConnaughhay, Steve Rissman, Vilma Palmer, David Parrish, Steve Rosen, Richard Sicking, George Kagan, Steve Kronenberg, Tom Conroy, John Lazzara, Mary Ann Stiles, and more), I find myself wondering at what point do we each make those transitions from the "go-to" to something beyond? And, in the process, what are we each doing to make sure that there is someone(s) coming up to be the next "go-to?" It was shocking to recently see on LinkedIn that Ya'Sheaka was celebrating 17 years of practice. Seems like yesterday when she became part of Florida workers' compensation.
The entire COVID experience has reminded me that we are a tremendously abled, energized, and adaptive community. The workers' compensation system in Florida has done a phenomenal job throughout this pandemic. Note that I did not say perfect or ideal, I said phenomenal. We have had our shortcomings and our less-than-ideal days. There have been trips, stumbles, and even falls. But, we have done pretty well.
As I sat on that webinar and pondered how long I have known Rafael, I wondered who is the next "go-to" person on social security (Heather Sanderson?). I wonder who the next "go-to" is in your business. Are you looking for her/him/zim/sie/em/ver/ter? Are you encouraging, facilitating, and challenging? Like it or not, for each of us, that day is coming when we will move to the rear of the stage or perhaps leave this show altogether. Are we as focused as we should be on those who will lead this community in years to come?
The points here are clear. We are weathering COVID in Florida workers' compensation, but not without challenges and loss. The numbers are being shared regularly, and everyone can access them. The market is evolving and responding with things like telehealth, and we are persevering. The talent here is phenomenal, and we have to focus on finding, developing, and encouraging the next generation.
If this post does not find you persevering, thriving, or motivating, feel free to contact me: david.langham@doah.state.fl.us (if about a case, you must always copy the other side when you email me). We are, in the end, a close and small community. Let's get through this together.
