We rapidly approach the 78th annual rendition of the Workers Compensation Institute. The stage here is set, and activities have already occurred. Yesterday, hundreds went to the Give Kids the World Village and performed maintenance and upkeep. See Give Kids the World - Our Community (August 2018). Last night, the halls here were full of costumed superheroes (I think), all headed to the Give Kids the World Gala.
People were bustling about making other preparations, and the lobby was full of familiar faces. WCI 2024 has begun in earnest. Certainly, the "Opening Session" is not until Monday morning, but on Sunday the Mediation Institute opens with a full day of incredible insight into mediation. I am persistently amazed at people thinking that is "just for mediators." Lawyers, adjusters, and risk managers could learn a great deal from that programming.
Sunday brings the collegiality and community of the Kids' Chance Golf Tournament, the Zehmer Moot Court Competition semi-finals, and a variety of other events. The best event today will be the OJCC Meet and Greet at 5:00 in the Anaheim, Atlanta, and Boston rooms. Last year, hundreds attended this and it was a cordial and crucial part of the WCI kick-off in anticipation of the Monday opening.
I have been attending the Worker’s Compensation Institute since 1992, having missed only a couple of years for important other pursuits. I am fairly confident that 2024 marks my 31st conference. In a sports vernacular, it seems to be the "granddaddy of them all." That's not likely true, conventions have persisted for eons. But, in my era, this is a fairly apropos label.
The event has really grown. I am assured this year there are more than 400 speakers taking the stage to deliver their knowledge and background to audiences. Imagine how many speakers have appeared over the 78 years this conference has persisted (1946). Even if the average is 100 per year, that is 7,800 speakers. Of course, some of those are repeats. Over my career at WCI, I have spoken more than once. In fact, without digging too much into ancient history I have spoken over 30 times at the WCI (partial list at the end of this post).
But, where did it start and how did it get here? The following is a piece I compiled years ago, largely excerpted from the work of Creston Nelson-Morris. All of the italic text is attributable to Creston's work, not mine.
The Florida Workers’ Compensation Educational Conference celebrated its 50th anniversary in 1995.
The first conference was held in 1945 at the Carillon Hotel on Miami Beach. Entertainment in the early days was provided by the conferees themselves, who performed in skits, many of them written by claimant’s attorney Izzy Abrams and defense attorney George Lanza, both of Miami. The subject matter of the skits more often than not was politically incorrect. One skit, brought back by popular demand year after year, was entitled “Sin and Love It,” based on a real case, Winn-Lovett Grocery Co. v. Stevens, 145 Fla. 209, 198 So. 835 (a940), involving a butcher who injured his back while grabbing the buttocks of a female customer. The educational value of the conference was limited.
Beginning in the 1960s, the conference was run by the state Division of Workers’ Compensation. The site of the conference was moved to Orlando, and the educational aspect was given more play. For many years, the conference was administered by a committee organized at the direction of the division. Conference registration numbered between 400 and 500, and the program was chaired alternately by representatives of the different workers’ compensation interest groups. In 1978, responsibility for the convention was given to the Florida Workers' Compensation Institute (FWCI) by the acting director of the division. The institute was created to plan the program and administer the conference. After the 1987 conference, the institute was incorporated as a nonprofit educational organization.
Since 1987, the conference has grown dramatically in size. Attendees now number in excess of 6,000, and 150 exhibitors are represented. There is a waiting list of prospective exhibitors, and rooms at the hotel each year are filled months prior to the conference.
The institute is a cross-section of every interest group in the workers' compensation system. Employers, employee groups, physicians, rehabilitation providers, adjusters, safety professionals, state and federal regulators and attorneys are represented in the institute in an attempt to provide a broad-based educational effort for the workers' compensation industry. All representatives serve without remuneration or profit. Before 1988, the conference program consisted primarily of presentations of general interest to state regulators, claims adjusters, medical providers and attorneys. Beginning in 1988, the program was expanded to include "breakout" sessions.
Each year at the conference, state regulators report on the preceding year's activities. This includes reports from the insurance commissioner and the director of the workers' compensation division. Members of the workers' compensation judiciary, both at the trial and appellate levels, are participants. During legislative sessions when workers' compensation emerges as a major issue, the governor and key lawmakers also participate. In short, the conference has provided a forum for the workers' compensation industry to discuss matters of interest and to pursue its primary function: the improvement of the entire system for Floridians.
Although the main purpose is education, the conference also is entertaining. Keynote speakers over the years have included Dave Barry, Robert Klein, Jerry Clower, Lewis Grizzard and Jeff Foxworthy, and entertainers at the reception have included the Four Tops, The Temptations, Kool and the Gang, The Neville Brothers, Billy Preston, and James Brown.
The FWCI board of directors, claimant attorneys Jerry Rosenthal and David Parrish and defense attorneys Steve Rissman and Jim McConnaughhay, and its program membership are not paid for their efforts. Participation in the institute is voluntary. The institute currently has three full-time employees and boasts administrative costs of less than 5 percent of gross proceeds. Profits from the conference are used to enhance the workers' compensation system.
Initially, the institute provided a series of "grants" to assist the system. Significant contributions were made to the adjusting community to establish a statewide educational association especially directed toward the workers' compensation claims handler. Out of that contribution, the Florida Workers' Compensation Claims Professional Association (WCCP) was founded. Contributions were made to the University of Florida, Florida State University, and Mercer University to encourage the study of workers' compensation legal issues. Continuing scholarships were established to help defray the cost of higher education for children of injured workers with financial need. Contributions were made to help retrain division employees who had lost their jobs because of automation and state restructuring. Research materials were purchased for use by judges, and an annual educational conference for judges was funded. Contributions were made to establish telecommunications for the appellate court system, allowing litigants to present oral arguments to the court without having to travel to Tallahassee. FWCI published uniform local rules and recommended forms for distribution to the judiciary and established the annual Southeastern Workers' Compensation Moot Court Competition, attracting teams from law schools throughout the Southeast.
Contributions were made to charitable organizations including "Healthy Kids" and the Florida Lawyers Assistance Fund. Contributions to the Division of Workers' Compensation have helped defray the cost of printing its annual report. Special awards recognize those individuals who provide extraordinary contributions to the workers' compensation system.
Following the initial period of providing grants, the institute has focused on creating "educational partnerships" with other nonprofit associations and interest groups, still with the primary purpose of contributing to the improvement of the system. The emphasis here is to provide ongoing educational opportunities throughout the year.
FWCI recognizes that other laws affect the Florida workers' compensation law. Both the Americans with Disabilities Act and the Social Security Act impact workers' compensation. The institute has sponsored two conferences to look at how federal legislation impacts the Florida law.
Workplace safety is recognized as having a considerable effect on reducing workers' compensation costs. The institute assumed responsibility for the formerly state-supported event known as the Governor's Safety Conference. The institute also established the Florida Safety & Health Institute, Inc., (FSHI) made up of safety professionals throughout the state. The safety and health institute moved the conference from Jacksonville to Tampa, and since 1991, it has proved consistently successful, both from an educational and financial standpoint. Attendance at the annual safety conference continues to grow each year and now exceeds 1,000.
Safety also is emphasized at the workers' compensation conference, and the institute currently plans to provide regional "mini-conferences" on safety throughout the state, with local safety professionals participating both as speakers and attendees. Contributions to the University of North Florida in Jacksonville enhance its continuing educational programs in the field of safety. The OSHA regulations, as found in 29 CFR, Parts 1910 and 1926, are published for distribution at the safety and health conference and for sale.
The medical community has long played a vital role in the Florida workers' compensation system. A series of six seminars were sponsored by FWCI in conjunction with hospitals throughout the state to provide more in-depth knowledge of workers' compensation rules and regulations.
The 1993 special legislative session mandated that medical providers receive five hours of training in workers' compensation issues in order to become certified to provide care to injured workers. In coordination with the Florida Medical Association, the Florida Osteopathic Medical Association, the Florida Podiatric Medical Association, the Florida Optometric Association, and the Florida Dental Association, the institute sponsored physician certification educational programs at about 20 hospitals throughout the state. Profits generated were given to the sponsoring medical associations to promote workers' compensation awareness in the medical community. The medical courses will continue on a permanent basis. Funds have been designated to establish a workers' compensation medical managed care institute to study managed care in the Florida workers' compensation system.
FWCI annually sponsors a series of seven seminars throughout the state to educate employers about their duties and responsibilities under the Florida Workers' Compensation Act. Held following the legislative session, they focus on changes in the law. These increasingly popular courses are held in Fort Lauderdale, West Palm Beach, Tampa, Orlando, Jacksonville and Fort Walton Beach.
The institute publishes numerous books and periodicals. In 1992, FWCI assisted in the startup of a monthly newsletter on workers' compensation issues in Florida. This publication has developed into the leading information source on workers' compensation issues in the state. The current subscription list numbers well in excess of 500. Cases decided by the appellate courts are summarized on a monthly basis. When workers' compensation measures are moving through the legislative process, special editions give subscribers an "insider's view" of proposed legislation that may affect workers' compensation.
Other FWCI publications include medical fee schedules used by Florida health care providers, hospitals, ambulatory surgical centers and work hardening and pain centers. An annotated update service is provided for these publications as new rules are adopted and as interpretative rulings and bulletins are published by the division. The institute also publishes the Florida Impairment Guide, the Physician’s Survival Guide, written by the division's Physicians Advisory Committee, and an automated software package containing this information.
Annually, the institute prints an indexed edition of the worker’s compensation law. The 800-page Florida Workers’ Compensation Reference Manual includes the latest rules and regulations relating to workers’ compensation, judicial rules of procedure, present value and life tables and a summary of all cases decided by the appellate courts on workers’ compensation issues.
From time to time, FWCI identifies issues in the workers’ compensation system that are of particular interest. One such issue is the use of managed care arrangements (MCAs) in providing medical treatment to injured employees, which has been mandated by the Florida Legislature beginning in 1997. The Institute’s publication of A Guide to Selecting and Evaluating Workers’ Compensation Managed Care Arrangements discusses the role of managed care in the workers’ compensation system and how to select MCAs.
FWCI is made up of people from different backgrounds whose common interest is improving the Florida workers’ compensation system. The Institute does not lobby for any industry or special interest, instead providing assistance and education to all involved. The institute continues to strive to be a positive force in workers’ compensation in Florida. Its future success depends on the support of the entire industry.
So much has happened in the thirty years since that 50th anniversary book was published. So many leaders have come and gone, so many new leaders have emerged. So much information, collegiality, and growth (personal and collective). I look forward to seeing people in Orlando next week. Please stop me in the halls and let's chat about workers' compensation, Florida, and where we are headed.
My readily Recalled Presentations and Participations (there were various others that stick in my head, but I lack the time to pull the program books):
2024
Artificial Intelligence
National Case Law Update
2023
Ethics and Professionalism with Social Media
Evidence
2022
Regulator's Roundtable
National Work Comp Review
2021
Out Front Ideas (opening session)
Cybersecurity
2019
System Challenges and the National Conversation
Regulator Roundtable - SAWCA
2018
Attorney Fees in Florida
Regulator Roundtable - SAWCA
2016
National Trends Panel
Regulator Roundtable - SAWCA
2015
Multistate Law Panel
Regulator Roundtable - SAWCA
Advanced Evidence - NAWCJ
2014
Supreme Court Analysis of Workers' Compensation Panel
Regulator Roundtable - SAWCA
2013
View from the Bench Panel
Regulator Roundtable - SAWCA
2012
MSP Compliance Panel
Regulator Roundtable - SAWCA
2011
Code of Judicial Conduct - NAWCJ
Administrator Roundtable - SAWCA
2010
View from the Bench - Attorney Breakout
Ask the Judges - Adjuster Breakout
2009
100 Tips in 60 Minutes
Ask Judge Langham - Paralegal Breakout
Ask the Judges - Adjuster Breakout
Case Study - Show Me the Science - Health Care Breakout
2008
View from the Bench - Attorney Breakout
Electronic Filing - - Paralegal Breakout
2007
View from the Bench
2001
The Florida Fee Schedule
Return to Work Strategies