A Great Friday in February

The Florida OJCC returned to live programming with its annual free CLE program in Tallahassee on February 25, 2022. The program is co-sponsored by the Workers' Compensation Institute, for which we are grateful. It is always an outstanding day of continuing education, practical tips, and timely information about effective management of workers' compensation generally and the litigation aspects in particular. There is a tradition by which various judges chair the program each year. In the past Judges Humphries, Pitts, Walker, Newman, Anderson, and Lazzara have each taken on that responsibility. There is significant work in identifying program topics and shepherding all the presenters through the accreditation and presenting process. This year, it was Judge Stanton of Gainesville (pictured below) leading the whole program. 

The program included a an hour of effective mediation techniques, which was laced with practical advice on the challenges and benefits of mediation. The OJCC is blessed with a very abled and motivated crew of mediators. There is some tendency to think of adjudications when the OJCC is mentioned, but a great many more cases resolve or progress through the mediation process than through trials or hearings. Mediation came to Florida workers' compensation in a voluntary form in 1989, and became mandatory in the 1994 law. It has been an integral part of our process ever since. This program included (Pictured below, L-R) Dan Gross (PMC), Susan Bisbee (TLH), AnneMarie Kim (ORL), and Bryce Schmidt (GNS). Judge Stanton (GNS) moderated that panel. 

Judge Walker chaired a panel on effective legal writing. While this could have been a program limited to dangling participles, punctuation, and word use, it provided all of that and much more. There were tips and ideas here for the effective presentation of the information necessary for effective preparation of trial memoranda, motions, and more. From the standpoint of better effectiveness and better planning, this hour offered something for everyone involved in the litigation process. It included (Pictured below, L-R) Judges Holley (JAX), Stephenson (WPB), and Walker (PNS).

An appellate practice panel was chaired by Judge Sculco (ORL). There are few cases that ultimately reach the appellate court each year. Out of tens of thousands of petitions filed and hundreds of trials across the state, about 200 cases reach the appellate court. For those who practice appellate law, there is much to learn. But, for everyone in the workers' compensation community, there were practical tips and important information. The methodology with which litigation is managed, evidence is accumulated and introduced, and cases are prepared each have the potential to impact any ultimate appeal. And, more importantly, those points may very well form the foundation that means any particular case will never require such an appeal. The insights of (Pictured L-R) Chief Judge Rowe, Judge Thomas, Nicholas Shannin, Esq., and Judge Sculco provided attendees with valuable advice on the challenges of litigation. 

Judge Grindal moderated a panel on taking effective medical depositions. The vast majority of issues that are intertwined in workers' compensation disputes include some medical evidence. This includes the various foundational facts regarding injury reported, the diagnostic testing, treatment recommendations, and impairment determinations. There is a tremendous volume of medical record review and medical opinion to work through in various disputes. This panel included (pictured L-R) Ryan Knight, Esq., Bryan Greenberg, Esq., Tracey Hyde, Esq., and Judge Grindal.

Judge Newman's panel was first on the program. She and Judges Anthony and Anderson presented the initial hour on the steps for filing, and prevailing on, motions. The community was reminded of the importance of motions and the challenges they present. The topic dovetailed with the panel discussion of effective writing, but also brought an assortment of practical tips involving timing, motion response, and effective argument. There were excellent examples of technique and timing that will be of value to all who work in this community of workers' compensation. Picture below (L-R) are Judges Anthony (TPA), Anderson (DAY), and Newman (TLH).

Judge Moneyham moderated a panel on the practical aspects of technology on the workers' compensation legal process. There were technology descriptions and software tips for the practitioner, paralegal, and adjuster. There are many ways that technology has become intertwined in our world over the last few decades, and we have been witness to many changes and challenges. Unfortunately, I became distracted during this panel and forgot to snap a photo of participants Judge Moneyham (PMC), Judge Sojourner (ORL), Fred Vitale, Esq., William Wieland II, Esq., and Orlando District Staff Jacquelyn Denton.  

The crowds were substantial throughout the day Friday. We had over 120 register for the program, and most sessions were standing room only. The lunchtime conversations and interactions were outstanding (lunches provided by the Workers' Compensation Institute). And, throughout the day, the rotunda of the First District Court was filled with animated small group discussions. The community wanted to be back in a live setting, came out with enthusiasm, and participated as in days of yore. Sure, it was not that long ago that we were oblivious to viruses, but in fact it was only two years. The 2020 OJCC/WCI program proceeded without a hitch in February 2020, just before things, as they say, got weird. We went virtual in 2021, and despite some challenges and my own technology failures, the OJCC team pulled that one off with aplomb. But, it was a great relief to be welcomed back to the Court by Chief Judge Rowe (pictured below). The atmosphere was celebratory and enthusiastic. The material was outstanding. And, we are already planning for the 2023 presentation next February. 

We are well and truly "back to normal" with the winter seminar. Our thanks again to all the presenters, the Workers' Compensation Institute, the Resource Managers Inc. crew that makes it all come together, and the Court of Appeal for being an enthusiastic host, participant, and contributor. We are proud to present the program, and so grateful for those that make it possible.