The Ambassadors of Kids' Chance

It is Kids' Chance Awareness Week. See Just Another Week? (November 2024). Every November, this organization strives to makes itself better known in the workers' compensation community. There is a vast array of professionals involved throughout the country.

Kids' Chance began in Georgia many years ago (1988), with the admirable goal of helping students whose parent or guardian has been significantly injured in a work accident. That is a fairly simple definition or mission. A great many people are hurt at work each year in America, and a natural consequence is that there are impacts. There is a Kids' Chance affiliate in each state. 

Certainly, there are obvious impacts. The worker who is hurt is the most obvious. Anyone who has ever worked with someone who was injured knows that there can be an impact on coworkers, management, and the business. That is who workers' compensation was designed for, employees and employers.

But there is undoubtedly an impact on families. Anyone who has ever been a parent knows that there are a variety of daily challenges with keeping a household running. There is cleaning, personal care, homework, school activities, and so much more. When I think back on the school-age years, I wonder that I ever survived it.

What happens when one of those parents is challenged with the aftermath of a work accident? There are less hands contributing to the household needs and challenges. There are often additional tasks necessary in the care of the injured worker. And in some households, there is only one parent at the outset.

Time and again, we see amazing young people applying for scholarships from Kids' Chance. They have persevered through the challenges faced by a parent or guardian. Many have actually thrived. I have seen those who worked 40-hour weeks, finished high school, achieved stellar grades, been involved in clubs and activities, and even concurrently earned an associate degree with their high school diploma. "Amazing" does not do them justice. 

They are beyond amazing. The opportunity to meet and work momentarily with these students has been amazing. To play any small part in their success is an indescribable honor.

It is Kids' Chance Awareness Week. 

I am so proud that Kids' Chance of Florida passes the decade landmark next month. I recall with clarity so many conversations in the early days. One recurrent theme was persistent: "How do we find more kids." I hated part of that one. Sure, this is Kid's Chance, and the use of "kid" is inevitable. but these are not children we are dealing with.

Early on, the small group of founders struggled with the burden of awareness. We had a multitude of challenges that seem so mundane in retrospect. We needed bylaws, a bank account, an address, officers, lines of responsibility, and so much more. We had to grapple with taxes, registrations, and reporting. There is no one "way" to start a corporation, and we had many decisions to make.

Awareness. How would we let the community know we exist? How would we get the word out to the students that might benefit from our efforts? That was a formidable task. We had a suggestion from Kids' Chance of America (some misconstrue that our Florida corporation is somehow a "chapter" of that company; it is not. At most, it is an affiliate). And, the KCOA even provided us some seed money for that first scholarship. But we had to find a student!

Their suggestion nonetheless was to deploy a group of fans, supporters, and publicists. They suggested we create a group of "Ambassadors." We took months to discuss the how, when, what, and who of Ambassadors. In the beginning, we found one or two industry leaders willing to be a face for us in the community.

As detailed in yesterday's post, some of those Ambassadors went on to join our Board. But a host has dedicated themselves to the more challenging role of integrating the Kids' Chance message into their daily professional lives over the last decade.

They start conversations with their business contacts. They show up at conferences and meetings to sit at information tables or to take the stage to speak of the Kids and the opportunities. They wear lapel pins. They volunteer at events. They answer questions, build bridges, and engage the workers' compensation community for Kids' Chance of Florida. In truth, we would be lost without them, their dedication, and their efforts.

As we strive this week to make the world more aware of Kids' Chance, I pause for a moment to recognize the current Kids' Chance of Florida Ambassadors and thank them for their service to our community and the dependents of those injured at work.

The Ambassadors:

TINA BROWN, Professional Rehabilitation Consultants 

MARY CLIVER, FFVA Mutual 

KRISTIN GREEN, The David Corey Brands

JASON HALL, Iconic Investigations 

ALEXIS HARDIGREE, Global Neuro & Spine Institute 

JEANNETTE LOPEZ, Creative Comp Solutions 

BRANDI WALKER MADDOX, NeuroRestorative 

MELISSA MENDIETTA, RN, Infinity Nurse Case Mgmt 

SANDY SHTAB, Healthesystems 

BRIAN RICOTTA, Esq., HR Law, P.A. 

JOSE MONTEAGUDO, Rehab Without Walls 

JANEL STEPHENS, Bichler & Longo 

SHAWN TWISS, Paradigm 

FRED WEBSTER, Linea Solutions 

DONNIE WOODS, TriFlex PT Network

Some have been around years. Some have joined more recently. The common thread is that they are welcoming, effective, and so sorely needed. It is a formidable list of outstanding personalities and professionals. If you want to know more about Kids' Chance, I encourage you to reach out to one of them and discuss. 

 

Just Another Week?

The Life and Times of Kids' Chance of Florida.

This year marks a transition for me. We all face change as we age. We all face the challenges of transition, replacement, and growth. I have been privileged through my career path to be involved in many organizations. Some required more time and effort than others. In fairness, some were more productive than others.

I have striven to keep an open mind and to try things. That periodically leads to failure. But it also leads to some successes. One of which I am most proud is Kids' Chance of Florida.

I was engaged in a conversation at the Florida Workers' Compensation Conference in 2015. Ray Neff (Former President and CEO of FCCI Insurance) and Bob Wilson (WorkCompCollege.com) were gathering thoughts and perceptions regarding the expansion of the existing Kids' Chance family into Florida.

They had been gathering data, striving to understand various perceptions of the community, and talking with many people throughout that conference. We spoke that day about many aspects of Florida, workers' compensation, and the community of interests that surrounds and permeates it.

Eventually, Bob Wilson asked me simply "is this something you could be involved in?" The thought of serving the deserving kids was a draw. I nonetheless responded with a couple of reminders of my "can't do" list: fundraising, recruiting volunteers, etc.

A couple months later, at the inaugural meeting of the Board, I was elected to that body and to the role of Secretary. As Presidents, Vice Presidents, and Treasurers have come and served their terms, I have remained Secretary.

The Bylaws provided a default process through which officers progress to being President. I have remained, nonetheless, Secretary.

That inaugural Board was:

• Geoffrey Bichler
• Stacy Hosman
• Pamela Jennings
• Dr. Kery Maher
• Ray Neff
• Jane Ann Nolte-Weiner
• Claude Revels
• William Rogner
• Linda Vendette
• Bob Wilson

That inaugural Board from 2015 remained reasonably steadfast. Only two of that group were no longer on the Board in 2023 as we came to the realization that we had done a poor job of planning for Board transition and succession. And, in the meantime, we had been joined by 

• Tammy Boyd
• William Donnell
• Kimberly Staats
• Basilios Manousogiannakis
• James McConnaughhay
• Andrew Sabolic

Nonetheless, in 2023, we were faced with a new recommendation that members should serve at most 10 consecutive years. And we had the realization that most of us had served since the beginning.

It occurred to us that if all of the founders rotated off the Board in one moment, we would leave confusion in our wake. That made us pause. We deliberated and planned, and at our 2023 Annual Board meeting, we transitioned founders Stacy Hosman (former President), Linda Vendette (former President), and Bob Wilson (former President) to Emeritus Board Status. The goal is transition, and the hope is the retention of their talents and dedication.

With that transition, we gained new Board members who are each bringing new perspectives and purpose to the Board and the non-profit:

• Liz Corona, Zenith Ins.
• Jenna Sutton, Medical Mgmt and Re-Employment
• Marissa Shearer, Commercial Risk Mgmt.
• Olivia North-Menthonennex, State of Florida

We are proud of all these, but Ms. North-Menthonnex marked a special moment. She started her relationship with Kids' Chance as one of our scholarship recipients. Her election to the Board brought us full circle and reminded us of what we had accomplished.

In 2024, we plan a similar transition for Jeff Bichler, Ray Neff (former President), William Rogner (former President), and me. With these efforts, the founders leave behind a Board poised for the future. And the 2024 transition will bring another list of new Board members, new ideas, and new enthusiasm. It is a new day for Kids' Chance, as it enters adolescence and continues to mature.

It is an apropos moment to reflect on the service of those Emeritus Board members. Kids' Chance of Florida has existed for a decade. As we accomplish our goal of transitioning the Board, and perhaps assisting with future transitions through this effort to stagger service, I reflect on what these people have accomplished:

• Created Kids' Chance of Florida
• Developed partnerships that provide scholarships and applicants
• Launched and perpetuated an annual golf tournament at WCI
• Awarded 85 scholarships
• Allocated or paid $375,000
• Built a community presence that includes our Board, 16 Ambassadors, and many volunteers and partners.

I am proud of the achievements of these people. I am particularly proud of those who have led this corporation, denoted with "(former President)" above. Their dedication and service to these youths are both admirable and inspiring. They have devoted time and effort to their community and the result is a parade of 85 young college students, graduates, post-graduates, and even one doctor. There is room for pride at this pause, And yet there is ample room for further achievement.

That said, I have seen enough of these students to tell you, unequivocally, that they would each have made it with or without help. To a person, they are an amazing array of hopes, dreams, majors, minors, goals, aspirations, and motivations. They are inspiring in their stories, their presence, and their success. I count myself privileged to have gotten to meet them, hear their stories, and watch them grow.

It is Kids' Chance Awareness Week. Now you know much about where Kids' Chance of Florida came from and where it is headed. Are you aware of a Florida student whose parent or guardian suffered a serious or catastrophic workers' compensation injury? If you know such a student, encourage her or him to apply. Or, just make an anonymous referral on the website.

Pertinent Questions

I get some intriguing emails from time to time. I received one recently in which the inquirer expressed some questions for the good of the community. The writer laid claim to the role of "sounding board" and suggested that dissemination of information would benefit the workers' compensation community writ large.

There is no prohibition on asking broad questions. Obviously, we are not permitted to comment on any particular case. That becomes frustrating because often people's interests are defined and driven by some particular case. Undoubtedly, there are those with academic interests, but then there are those who only want to know how many ounces in a gallon when that information is needed for a particular measurement task.

I provided the best response I could to the three inquiries submitted. I now post them here for all to read at their leisure, whether they are or are not in contact with the "sounding board."

1. There seems to be a split of “authority” amongst judges about the need for time records in a Miles setting. Obviously, the rule does not require this, but some judges are insistent that they must have them and an affidavit will not suffice. Can you shed any light on this please?

There is no rule I know of regarding what is or is not required for any fee approval, except 60Q6.123 and 124. The court has declared a standard of “reasonable,” and the assigned judge whose approval is sought has to make that call. Any party feeling affronted by any ruling can seek review from the Court for clarity, action, or constraint. 

I am not aware of what would patently distinguish one fee from another in terms of reasonableness. The creativity of the Court in its Lee Engineering legislation, reinforced in Castellanos has been discussed in many seminars I have attended. There seems to be some community attentiveness to those two decisions (apologies for no italics, but this email platform does not afford that).

2. Is there an OJCC policy about how Extraordinary writs are to be filed (with the JCC vs. the DCA). I recently filed a writ with a JCC and was advised by the OJCC office that it needs to be filed with the 1st DCA. My reading of the rule suggests otherwise. As a result, my writ sat filed with the JCC for 30 + days with no action taken. I wanted to know if there’s any policy or internal operating procedures for the OJCC on how extraordinary writs are handled when filed with the JCC.

There is no OJCC policy. OJCC policy is published in the 60Q rules. We have no local rules. Nonetheless, judges are called upon to make decisions interpreting both expressions and omissions.

The statute includes: “Procedures with respect to appeals from orders of judges of compensation claims shall be governed by rules adopted by the Supreme Court.” 440.25(5)(a), Fla. Stat. That is specific to “with respect to appeals from orders.” Some might argue whether a particular writ is or is not (1) an appeal and (2) “from (an) order.” I do not note any procedures for extraordinary writs in the 60Q Rules. Does labeling matter? Some might suggest Fla.R.App.P. 9.040(C) means "no" regarding labeling. Others might disagree.

In the event of an appeal "from orders," the main reference is Fla.R.App.P. 9.180.

But, the appellate court rules have a specific rule for “original proceedings,” 9.100. That sounds like it would address all of the extraordinary writs. That references filing with the court and omits reference to what the OJCC might or might not do in that process. 

The rule purports to apply to:

"for the issuance of writs of mandamus, prohibition, quo warranto, certiorari, and habeas corpus, and all writs necessary to the complete exercise of the courts’ jurisdiction; and for review of non-final administrative action."

Instigation is: 

"The original jurisdiction of the court shall be invoked by filing a petition, accompanied by any filing fees prescribed by law, with the clerk of the court having jurisdiction."

The term "original" as regards writs might suggest to some that the proceeding is instigated in the court whose jurisdiction is invoked. There is certainly an argument for such a proceeding to be filed in the appellate court directly, originally. I cannot recall any such proceeding being filed with the OJCC in a case but recall several filed directly with the District Court. That said, I cannot speak for either the Court or the rules in terms of actual impact and effect.

Of course, all rules, statutes, and regulations are subject to interpretation. If you ask two lawyers where you should file an extraordinary writ, you might get three or more answers (people change their minds). Lawyers seek relief (filing), judges make decisions (orders). Some rulings are accepted, and others are challenged. That is for the appellate courts. If you believe a trial judge is in error, that is a subject for the appellate court.

3. With more JCCs setting live hearings, the need for fast and reliable Wi-Fi at the OJCC office becomes a big issue. Is there any news on improving Wi-Fi connectivity at the OJCC offices?

I appreciate hearing this. However, it is difficult to accept it is a large issue. I have not had anyone raise this issue in at least the last 24 months, and frankly do not recall it since we made the bandwidth adjustments in 2021 during the COVID era. That rehabilitation involved much hardware replacement and upgrade as well as software adjustment.

Bandwidth is like lanes on a highway. If I tell someone we need to address "traffic" in Orlando, where would one start? To say the traffic is a problem describes perceptions but does not facilitate diagnosis or treatment. It is like "I hurt." 

So, if anyone is having a problem, the best course would be an email that says something to the effect of what, where, when: "I was trying to open a document from a case docket (DN 45) on October 21, 2024, at about 1:30 p.m. in Judge Anthony's hearing room in Tampa." Or, I tried to open multiple documents in the docket of case yy-000xxx during a 1:00 hearing in the Tampa office."

This is more the equivalent of "My right knee hurts when I stand and turn, the pain is on the inside of my leg," or "The traffic on October 21, 2024, at 1:30 p.m. between exits X and Y kept me from exceeding 20 MPH on I-4."

With detail, we can evaluate what the causes might be (who else is using the bandwidth or lanes), is there a clogged or disabled exit, a non-functioning traffic signal at an intersection, a large event on a side road, etc. We are happy to strive to address those issues to enhance the customer's use of the space and the electronic tools.

That is the end of the original email. I am hopeful that this information is of assistance to the community. I encourage you to contact me at your convenience regarding GENERAL QUESTIONS (Please do not make inquiries about a specific case unless you provide copy of that inquiry to all parties and counsel). 

Armistice Yesterday

Somehow, the Beatles came to me this week. I was thinking about the holiday on November 11, 2024 and various thoughts ran through my head. First was that I don't post on Mondays, and second that I could always publish about Yesterday (EMI, 1965). Well, November 11 was yesterday, but so too were so many memories, cataclysms, and heroes. 

We cannot change yesterday. But we can remember it. 

Who recalls why November 11 is important or was chosen? The date seems random. Unlike so many U.S. holidays, this one sticks to the actual date rather than rolling to a random Monday. We celebrate this one, well many of us celebrate this one, on a specific date.

The Veteran's Administration explains the significance. Following the "War to end all wars," there was a remembrance movement. That was not new, many wars had inspired memorials, recognitions, and remembrance. But, that was a World War, our first. It ended in 1918, not so very long ago.

The age of deoxyribonucleic acid (DNA) evidence had not dawned. Some casualties could not be identified. A movement arranged for the burial in Arlington of the "unknown soldier," and similar internments were accomplished in England and France. The ceremonies were held on November 11, 1921. That date commemorated the end of the "War to end all wars."

That war ended "at 11 a.m., November 11, 1918 (the 11th hour of the 11th day of the 11th month)." The effort was to remember those many who had suffered the challenges of combat in an incredibly complex, widespread, and unprecedented violence. There was celebration that there would be no further war ("end all wars").

Those contemporaries were sincere. Wrong. But sincere. They believed that the world had learned its terrible lesson. They sought succor for their loss in remembering those casualties, and in committing to not repeating the horror. And that "day became known as 'Armistice Day.'” In 1947, after the next "war to end all wars," the term "Veterans Day" was coined.

There is significance in November 11. We celebrate it each year. It is a recognition of the vagaries of war, the casualties, and more broadly the amazing and diverse population of men and women who serve in the armed forces here and abroad.

For a glimpse at the number of Americans who have fallen in war over the last 250 years, see Nitazenes are Worse (June 2024). War is destructive. However, more Americans have died of drug overdose than in all our wars combined. But yesterday we honored the veterans.

Memorial Day is for the fallen. See A Day to Reflect (May 2022). Veterans Day is broader. It is for them all. Whether officer or enlisted, serving in Kansas or a war zone, briefly or for a career, Veterans Day is for all of those who sacrifice to defend this country, but more importantly us. They stand between us and a litany of evil and malevolence that constantly threatens us.

We too often forget them. It is nice to hear them mentioned. I like it when the gate agent calls the "active duty" to board the plane first. I enjoy it when the announcer at the ball game takes a moment to "recognize the men and women of the armed forces." Here in Paradise you hear recognition often. This is a Navy town and always will be. 

But regardless of location, there are opportunities every day to thank those who served. November 11 is nonetheless a great and specific moment, but it is not exclusive. 

A great many businesses close for Veterans Day. But some businesses simply ignore it. Consider that if it were not for those Veterans we would not have the freedom and discretion to make such choices.

Did you attend a parade yesterday? Did you send someone a card? Did you take the minute required to simply say to someone "Thank you for your service?" 

Return to the point above. There are opportunities every day. Veterans Day is a great opportunity, but any day will work. The next time you see a bumper sticker, cap, or t-shirt proclaiming service, simply say "Thank you." It costs you nothing. It symbolizes gratitude. It means everything. 

X-Files or Poltergeist?

The "Godfather of AI" recently gave an interview that is available on YouTube. Dr. Geoffrey Hinton is a British computer scientist, and he is convinced that we will soon have "things more intelligent than us." He is convinced that the machines can think, have experiences, and can make decisions based on their experiences. They currently lack self-awareness, but he is convinced they will become self-aware.

Humanity, in his opinion, does not understand what is here today in neural networks and certainly does not understand what is coming. The AI Chatbots have about a trillion connections in their neural network compared to the hundred trillion that you have in your human brain. Despite this size differential, the Chatbots are already more capable than we are in terms of recall and citation. 

They find and provide information more efficiently than we can. Consider that. Your network is believed to be 100 times the Chatbot, but the Chatbot is more effective and efficient. It has a consistency in performance that is perhaps born of enhanced capability, or perhaps it is more efficient because it has less territory to cover? It finds the car keys quicker because it has a one-room apartment to search and you have a 100-room.

Additionally, the Chatbot is far more consistent in putting the keys back in the same place each time they are used. As we age, we tend to find such tricks (we have "the place" where we put things). It is an aging thing because in our youth we don't need such tricks. It is as we age that the volume of things to remember starts to clutter up that 100-room expanse, and it is in that mess that our keys, or the name of that song from the 1960s, might get lost. 

Software for AI, the Chatbot, is layered, with each layer handling a portion of an analysis or problem. When an outcome is deemed successful or appropriate at any level, that decision is "transmitted down through all the levels." Successful outcomes "become stronger and unsuccessful become weaker." The machine "learns" through this trial and error. And it has a better chance of retention of those paths because it is repetitious. It is also singularly focused.

In this, some will immediately remember Joshua striving to achieve the launch codes in War Games (MGM 1983). The WOPR (the central processing unit that has been tasked with undertaking the management of the nation's defenses) seeks the ability to launch a preemptive thermonuclear strike. The implications are ominous. Only through the incredible intellect of our teenage protagonist was the world saved in that outing. 

The War Games protagonist, David (Matthew Broderick), does not beat the machine by superior intellect. He beats the machine through its own conclusion. As the machine begins playing tic-tac-toe, it finds that most matches end in a draw. The game is premised on inattention or misdirection. For careful players, there is frequently a draw. Becoming frustrated with that outcome, the WOPR switches to scenario potentials for nuclear strike and with ever-increasing speed learns the futility of every potential scenario is similar. The machine concludes the "only winning move is not to play."

Back to the 60 Minutes interview, Dr. Hinton is the winner of the Turing Award, referred to as "the Nobel prize of computing." Alan Turing was a British mathematician who became involved in multiple fields. He is said by Britannica to have contributed significantly to

"mathematics, cryptanalysis, logic, philosophy, and mathematical biology and also to the new areas later named computer science, cognitive science, artificial intelligence, and artificial life"

In 1950, long before the personal computer, the internet, or smartphones, Turing hypothesized the Turing Test. Britannica describes this as a foundation for distinguishing rote repetition from intellect per se. Anyone can memorize and regurgitate a litany of facts or figures. Ask anyone who was educated in the last 200 years. We all memorized and regurgitated much, from multiplication tables to historical dates, and beyond. In fact, memorization has long preempted investment in a better path: learning to think.

The Turing Test is significantly subjective:

"a remote human interrogator, within a fixed time frame, must distinguish between a computer and a human subject based on their replies to various questions posed by the interrogator."

Thus, there is the challenge of who the interrogator is, and how tuned that person is to the task. And, there is the challenge that this test relies only on the formulation of increasingly human-like responses, replete with the commonality of humanity: error and mistake. Whether a machine passes the Turing test may be as complex as whether someone in your life is actually your friend. 

Dr. Hinton, having alerted us to the complexity of us (100 trillion), then admits that we do not "really understand" how neural networks function. That is true whether the network is in our brain (100) or in a computer (1). That functionality remains a subject of debate and investigation. Some will immediately question how humans created a neural network, AI, without knowing how networks work.

Dr. Hinton explains that instead of designing such a human-copy network per se, the creators of AI wrote an algorithm. A "learning algorithm." The algorithm created its own neural networks and is using them. They are an evolutionary effect of their own trial and error. Thus, there is some potential for their networks to function as ours do, but also the probability (less coincidence) that they will evolve and function differently than we do. 

This is worrisome. That they will likely be different will make our comprehension more challenging (think how two languages would be harder to study or use than one). Our conclusions about the how and why of one may or may not translate into a better foundation of knowledge about the other. This is perhaps illustrated in the ridiculous hate texts in recent news. There are errors in grammar and syntax. Perhaps the original text was written in another language and did not translate well? 

The electronic versions, the bots, will be evolutionary. These systems will "learn from all the novels ever written." They will understand and process knowledge on a far more rapid and thorough level than we can hope to. Therefore, Dr. Hinton contends that these machines will be both manipulative and convincing. They will "know a lot of stuff and know how to use it." They will influence and persuade us. As we have already learned from social media, that may be for either good or bad. 

A small bit of research into the foundations of AI can peel back a great deal of the onion. In The X-Files (20th Century, 1993-2018) one of the main characters reminds another "the truth is out there, but so are lies." Many have quoted that line over the years, and some have adapted (co-opted) it instead. One adaptation is "the truth may be out there, but the lies are inside your head."

The truth is that humans have created algorithms that function as logic loops. They emulate our own neural networks but do not yet replicate them. These programs test a potential solution to a problem and gain statistical knowledge, advantage, and predictability. Even Dr. Hinton concedes that Generative AI is merely striving to predict the most likely "next" word when it writes something. It is doing so with statistical knowledge. In this, it lacks soul, sensitivity, and nuance. It lacks humanity but makes up for that with speed and ease of use.

Nonetheless, the truth is that is no different than what humans are doing when we string together a group of words. We are doing so with the belief that those are completely intellectual decisions. But, the fact is likely that we have tried various phrases, combinations, and even words that did not work as we intended. We have likely learned not to use various words or combinations based on prior feedback. 

When Steve Martin asked his teacher if he could "Mombo . . .  to the Banana Patch," (Wild and Crazy Guy, 1978), he got no permission to leave the classroom. He undoubtedly did not use that phrase the next time he needed the restroom. He learned, eliminated, and refined. 

We have learned, over time, to put thought into context. We have come to understand how to turn a phrase, where, and with what emphasis. Certainly, some of you are better at this than others. Some have a talent for it and others build and gain through struggle. Why should algorithms be any different?

For now, even great brains like Dr. Hinton concede that we do not know how neural networks function. What we do know is that with human conception, and extremely efficient evolution, computers today are doing what our last generation saw as science fiction. They are establishing and refining neural networks.

They may be maleficent or benevolent. They may be efficient or inefficient. They may be easy to understand or beyond our comprehension. In this moment, the great brains are both impressed and concerned. And what we know for sure about these new tools, replacements, or overlords was best said by Carol Anne Freeling (Heather O'Rourke) "They're here" (Poltergeist, Warner Bros. 1982).

Prior posts on AI and Robotics

Will the Postal Service be our Model for Reform? (August 2014)

Attorneys Obsolete (December 2014)

How Will Attorneys (or any of us Adapt? (April 2015)

Salim Ismail and a Life-Changing Seminar (May 2015)

The Running Man from Pensacola, Florida (July 2015)

Will Revolution be Violent (October 2015)

Ross, AI, and the new Paradigm Coming, (March 2016)

Chatbot Wins (June 2016)

Robotics and Innovation Back in the News (September 2016)

Universal Income - A Reality Coming? (November 2016)

Artificial Intelligence in Our World (January 2017)

Another AI Invasion, Meritocracy? (January 2017)

Strong Back Days are History(February 2017)

Nero May be Fiddling (April 2017)

The Coming Automation (November 2017)

Tech is Changing Work (November 2018)

Hallucinating Technology (January 2019)

Inadvertently Creating Delay and Making Work (May 2019)

Artificial Intelligence Surveillance (August 2020)

Robot in the News (October 2021)

Safety is Coming (March 2022)

Metadata and Makeup (May 2022)
Long Term Solutions (June 2022)
Intelligence (November 2022)

You're Only Human (May 2023).

AI and the Latest (June 2023)

Mamma Always Said (June 2023)

AI and the Coming Regulation (September 2023)

AI Incognito (December 2023)

The Grinch (January 2024)

AI in Your Hand (April 2024)

AI and DAN (July 2024)

AI is a Tool (October 2024)

Rights for the Toaster (October 2024)
Everybody Wake Up! (October 2024)
First What is it? (November 2024)

X-Files or Poltergeist? (November 2024).

Relevance

I recently ran into Horace Middlemier* who has enjoyed a long and storied career in his legal community. He was more reticent than usual, and eventually our conversation turned serious. He asked, essentially, "How do I remain relevant." That one took me by surprise.

It is a valid question for anyone, but perhaps should be preceded with a careful and thoughtful consideration of whether your perceived present relevance is real or in your mind. The question in this context was with a view to ending a legal career, to retirement from the challenges and exhaustion that are litigation.

I have witnessed a great many attorneys reach the point they no longer want the conflict, the hours, the stress, and more that define legal practice. They have invested lifetimes in the problems of other people and find that brings permanent wear and tear.

I spent a great many hours in my youth in kitchens. For a time, I thought my career path might lie in cooking. Despite the conceited tone it carries, I was once an artist in the kitchen. No, not a Julie Child, Emeril Lagasse, or Giada De Laurentiis. No, those folks are inspired creators. I was never that imaginative, but I was (superciliously) very good at repetitively and consistently producing sandwiches, entrees, and pizzas.

I once perceived a career path there. But, in time, I found the repetition challenging. Each work of art I produced was consumed with gusto and was no more. Each effort was in vain, too soon forgotten. In the restaurant business, it is far more likely that a customer will speak up with a complaint than with a compliment. With each excellent rendition from the kitchen, I merely reinforced expectations. The exceptional and memorable evolved into the norm. It is too easy to allow that repetition to evolve into boredom and even discontent.

I never worked in fast food but had friends who did. One sticks in my mind, employed at a burger place. I recall one burger (out of millions over a lifetime) at that particular place. My friend prepared it, and the result looked just like the picture over the counter. I mentioned that was unique and my friend said, essentially "Oh, yeah, we can make them that way, we just don't." The theme in that setting had abandoned quality and commitment and had become speed, just about slapping together ingredients and pushing it out the door.

I departed the "widget making" of cooking and pursued other paths. After many years of legal practice and profession, I realize that the product is different but the process is not so much. With each project or assignment, lawyers are tasked with producing some excellent rendition. The discovery, contract, plan, complaint, answer, memo, letter, brief, or otherwise requires attention, devotion, and focus. I realized, eventually, that the professional role is not that different from cooking.

Lawyers are afforded a raft of potential ingredients. Each must have an appreciation for what can stand alone, what does or does not go together, and that care is appropriate in the what, when, and how much. There are artisans in the profession. Some are creative and innovative. There are sound practitioners who may lack that creativity but who deliver quality again and again, day after day.

Unfortunately, among the many artisans producing exceptional output, there are a great many in "fast lawyering" who, like the burger joint, are merely slapping together the same ingredients and pushing it out the door. They see no value in the output, no art. The output is merely a means to an end. They file a motion like the one they saw someone else file and are amazed that it did not work for them in their case. They are immune to the distinction, nuance, and relevance.

There are artisans in this world. There are carpenters but also nailers, artists but also painters, cooks but also assemblers, lawyers but also automatons and even dullards.

How do I remain relevant?

Are you relevant now?

Life is a journey. I explained to Horace that I am at a moment now when I can see the runway. My journey is not over, but I am confident I can make the field from here, even in the event of a catastrophic system failure. Horace crossed that threshold some time ago, and he has likely landed (some landings you can hardly tell). The remainder of his current journey consists mostly of taxiing to the ramp. When he arrives at the gate, this journey ends.

When that occurs, he still has valid choices. He might file off with his fellow passengers, return home, and sit in his chair. That is a valid choice. There should be rewards for a journey's conclusion.

He might proceed immediately to another journey, be it by Planes, Trains, and Automobiles (Paramount 1987).

And, even if his immediate choice is the chair, that does not preclude a revision tomorrow and a new departure. No decision needs to be permanent.

Dr. Seuss long ago titled a book “Oh the Places You’ll Go.” The children’s book was long a favorite graduation gift for young adults. After an educational journey, it was a reminder that the world lay before you.

To some extent at least, aspirations become limited over the years. We were likely all told at some point we could grow up to be anything. That is the promise of youth. As the years pass, forks in the road are passed and choices are made. Each decision likely makes some ultimate outcome less likely and perhaps less possible.

That does not mean that your destination is foretold or destined. The end of any journey can be the beginning of yet another. The only truly critical element in that process is you. If you decide that tomorrow will bring challenges, then it will, even if you have to look for them to some degree. If you decide that you are no longer up to challenges and want to go home and sit in a chair, that is valid too.

In either, there is relevance. Horace’s perception is that relevance must be in activity, engagement, and involvement. Since that is his relevance, then he is right. If your relevance is less energetic or frenetic, so be it. It is nonetheless relevant because you chose it. You decide what relevance means for you.

And in that, we answer the question above quite simply: "Are you relevant now?" You decide. If you don't like your answer, then change your course. 

*Editor's note: Horace Middlemier does not exist. He is, at times, a figment of the writer's imagination, and, at times, an amalgamation of various personalities or tacks. Any resemblance to any particular person, living or dead, is purely coincidental, accidental, or apocryphal (and perhaps all three). 

Self Love

I was honored in October 2024 to present with an exemplary panel of peers at the National Disability and Worker’s Compensation Conference in Las Vegas Nevada. It was an intriguing experience in a couple of perspectives and was most rewarding overall. 

One intriguing point in the presentation was in the planning. There was no meeting of the five participants (four panelists and a moderator): Stuart Colburn, Hon. Tim Conner, Hon. Stephanie Kinney, and Hon. Robert Rassp. 

In order to facilitate our “60 tips and 60 minutes,” the four panelists were asked to submit 20 tips each. Our expert moderator, Stuart Colburn, collated and organized them, placing a reduced 15 tips each into a PowerPoint.

The presentation was therefore not contemporaneous in the truest sense. However, we each had no idea which of our tips made the final cut. The other presenters likely have better memories than I, but I frankly did not remember any of the tips I had submitted weeks earlier in a fit of last-minute compliance. Therefore, there was a certain contemporaneous air to the panel. 

It kept the session both interesting and engaging. There is a real value in not rehearsing, scripting, or structuring. As we hit our individual tips, and heard each other, there was genuine interjection and interaction among the panel. It was real, engaging, and well-received. 

As we chatted afterward, Mr. Colburn noted a second intriguing observation. Each of the four speakers had largely adopted a personal theme for their tips. Amazingly, despite our professional association and occupation similarities, we were significantly distinct. It would not have been more so if Mr. Colburn had assigned us individual themes for our individual tips at the outset. 

There was a focus on law, trial practice, appellate practice, professionalism, and self-protection. Without ever contemplating it as such, that last one was my theme. We have to be focused on our personal self-protection. Make no mistake, I’m not advocating narcissism or anything close to it. I'm not talking about Brittany's sologomy (wonder where she took herself for the honeymoon?). It’s not about a disorder. it is about caring for yourself.

As I noted during the presentation, a phenomenal piece of advice is provided at the beginning of every airline flight. The flight crew will remind you to "put your mask on first before you assist others." If you fail to do so, you will likely find yourself utterly incapable of assisting those around you. In failing to preserve and protect yourself, you are cheating yourself and everyone who needs you.

These thoughts came back to me reading an article on the British Broadcasting Corporation (BBC) regarding Canadian tourism. A hotel owner who suffered loss from wildfire expressed her coping mechanism:

“There is a lot to do, but I try and focus on what I have to do today, and leave tomorrow to tomorrow,”

Certainly, focusing on the things that you can accomplish, and striving to push away unproductive worry regarding those things that you cannot change is advisable. Focus on the today. That is great advice for us all. Keep an eye on the ball today, because worrying over tomorrow's pitches will just cause angst. 

I think it is as important to focus on your own health similarly. Do not push aside your preferred release (walking, yoga, meditation, reading, golf, etc.) to focus elsewhere. Find the time, make the time, to focus on yourself and whatever release you cherish or just need. That time is yours and is no different than putting on that mask.

Relieving stress can come down to you. Others are going to be obsequious from time to time. Disagreement will happen. The world will not follow your preferred course consistently. People will cross you and let you down. Things will not always work out as planned or hoped. As they noted in a recent Disney movie:

Let it go, let it go

Can't hold it back anymore

Let it go, let it go

Turn away and slam the door

I don't care what they're going to say

Let the storm rage on

The cold never bothered me anyway

Frozen (Disney 2013)

You can let the world's dissonance and discord eat you up, or you can accept what you cannot change. Know that disagreement can be healthy as can be honest debate. But, when the debate ends and decisions are made (no matter how dumb they are), you have to "let it go." Make your contribution,  Voice your opinion. Then "let it go." It sometimes helps to remember the advice of a comedian who said "You can't fix stupid." Similarly, allowing stupid to bring you down or to dominate your thoughts is simply not productive or healthy. 

In this vein, I also recently read a LinkedIn post by an attorney in South Florida. I thought his advice on dealing with the challenges of litigation were meritorious and worthy of repeating. He noted that with maturity comes an ability to "let it go." He noted he has learned not to let the challenges (human or otherwise) get him down. He said:

"I care less about everything. Not in a jerk way, but in a 'why should I care' way. You're obnoxious? Don't care. You're trying to get a rise out of me? That's adorable. You're trying to play me? I have to care for that to work. You're trying to pull one over on me? Very cute. You think 2 + 2 is 5? Sounds great. I couldn't care less."

He noted that remaining above such frays is liberating and empowering. This is not a suggestion of not caring about your responsibilities and commitments. Contribute, engage, and participate. Follow your best judgment and provide your opinion. Then allow the ultimate decision to proceed and "let it go." Even the loftiest CEO in the most gilded perch finds her/himself compelled in directions that are undesired or unwanted.  "Let it go."

Take care of you. Don't sweat the small stuff. Remember that it is mostly all small stuff. Illegitimi non-carborundum. 

First - What is it?

Back in 1980, The Empire Strikes Back (LucasFilm 1980) premiered. It was the movie that turned the splash of Star Wars (20th Century 1977) into a franchise. In it, the protagonist evolves, training to be a Jedi. In one engagement with his mentor, he notes "I'm not afraid." His mentor, Yoda, replies "You will be." I am reminded of that when I think about artificial intelligence (AI).

In fairness, that film is perhaps as dated a reference as Mick Jagger (who most young people today think is a foil from a Ke$ha song). Tom Holland (Spider-Man) illustrated that in Captain America: Civil War (Marvel 2016) with "Hey guys, you ever see that really old movie, Empire Strikes Back?" Ouch. Apologies if you are old enough to remember Empire without an Internet search. 

But, returning to Yoda, the question is whether you should be scared of AI. Is confidence like Luke's appropriate in our current posture, or should we be more reticent? In fairness, my reactions have vacillated over the last decade as I became aware of AI and its implications. I have spent significant time reading, listening, writing, lecturing, and prognosticating. See a list of related blog posts at the end of this post. 

At a time of cataclysmic change, I find myself still struggling to comprehend and predict where this ride ends. In my many conversations about it, I am comfortable that I am in the majority.

Before you decide your feelings about AI, you need to do some homework about what it is. There is too much shorthanding going on, with indiscriminate use of the "AI" label. It is fair to say that much will be labeled "AI" over the coming months and years. There is a desire in the marketplace for that assurance of recency and relevance.

When selecting your next toaster, there is some chance that you will be drawn by the package's reference to AI. That labeling may be the next "as seen on TV" or "new and improved," pushed upon us in such volume that it achieves innocuity or cliche. We all love that "new and improved" and it has likely sold more mediocrity over the years than Helen of Troy launched ships.

But what is AI? Before going there, let's be clear. It is not a panacea, a quintessence, a plague, or a panic. That said, in any particular event, situation, instance or need it might be any of these. However, it is none of these by its existence. It is not any of these by inherence. If and when it is any of these it will be because of its application in that instance, event, application, or moment.

AI can be evaluative or generative. That is, it can be an organizer and compiler or it can create content. That is a distinction worth thinking through. So, what is the capacity of the AI you are discussing, and does that meet with your expectations and anticipations regarding the performance you desire? 

If it is evaluative, it provides humans with output and leaves the interpretation or expression or application of that output to the human. If it is generative, it is producing output, interpretation, or analysis on its own. When humans repeat or reiterate that output without using their own intellect, sense, and skepticism will fall victim to the failings of AI. See, 

AI can be "narrow," "Strong," or "superintelligent." Its function can be "reactive," "limited," "theory," or even "self-aware." Well, those adjectives are all appropriate, but the use of present "can" is an overstatement. The fact is that "superintelligent" and "self-aware" are adjectives that may someday be appropriate outside the realm of Hollywood and the world of soothsayers like Isaac Asimov, Carl Sagan, and their brethren.

So, in the science fiction that may become our tomorrow, it is possible that self-aware, superintelligent computers will surround us. There may come a time in which they learn to interfere in our lives in a multitude of ways. Our fear in that time may be justified and understandable. 

Nonetheless, fears about the other end of the spectrum, the "evaluative" and "narrow" may be misguided or at least premature. At least so far, only the lazy, ignorant, or misguided have suffered at the hands of evaluative AI. They have engaged this tool, relied upon its results without question, and have suffered the consequences. See AI Incognito (December 2023).

Years ago, Henry David Thoreau noted:

“It is not enough to be industrious; so are the ants. What are you industrious about?”

I am suggesting that in our current moment, in your decision about whether you fear, dread, welcome, or endorse AI, “It is not enough to be AI; so are the toasters. What is the toaster's AI about?”

Prior posts on AI and Robotics

Will the Postal Service be our Model for Reform? (August 2014)

Attorneys Obsolete (December 2014)

How Will Attorneys (or any of us Adapt? (April 2015)

Salim Ismail and a Life-Changing Seminar (May 2015)

The Running Man from Pensacola, Florida (July 2015)

Will Revolution be Violent (October 2015)

Ross, AI, and the new Paradigm Coming, (March 2016)

Chatbot Wins (June 2016);

Robotics and Innovation Back in the News (September 2016)

Universal Income - A Reality Coming? (November 2016)

Artificial Intelligence in Our World (January 2017)

Another AI Invasion, Meritocracy? (January 2017)

Strong Back Days are History(February 2017)

Nero May be Fiddling (April 2017)

The Coming Automation (November 2017)

Tech is Changing Work (November 2018)

Hallucinating Technology (January 2019)

Inadvertently Creating Delay and Making Work (May 2019)

Artificial Intelligence Surveillance (August 2020)

Robot in the News (October 2021)

Safety is Coming (March 2022)

Metadata and Makeup (May 2022)

Long Term Solutions (June 2022)

Intelligence (November 2022)

You're Only Human (May 2023).

AI and the Latest (June 2023)

Mamma Always Said (June 2023)

AI and the Coming Regulation (September 2023)

AI Incognito (December 2023)

The Grinch (January 2024)

AI in Your Hand (April 2024)

AI and DAN (July 2024)

AI is a Tool (October 2024)

Rights for the Toaster (October 2024)

Everybody Wake Up! (October 2024)

Remembering and Persevering

Overdose and senseless death have been a topic woven through this blog over the past 11 years. I have spent a great deal of time striving to understand the why and what of drug use, overdose, and governmental efforts to stem both. There are a great many people dead. In Nitazenes are Worse (June 2024), I noted that our national overdose deaths are now greater than the loss of American lives in all wars since this nation began as a small conglomerate of former colonies clustered along the Atlantic coast.

More Americans have died of drug overdose than in all wars. That is a disturbing and sobering fact. At the current rates, it will not be so long before we can say that twice as many have died of overdose. What will be enough?

I have attempted to provide a list of all of my overdose musings at the end of this post. Compiling that brought back many memories of reading and writing about senseless death and suffering. It reinforces that there have been efforts to control opioid distribution and misuse. 

As I reflect upon it, however, there were few who overdosed who were inadvertently or accidentally exposed to drugs. The vast majority instead began a path through voluntary use of substances that were forbidden completely (street drugs) or at least regulated (prescriptions). They evolved into increased frequency or dose and often were misled into taking things they never suspected.

A great many of those who died were facilitated or even misled by the very people who should have protected them. Too many physicians have been implicated over the years in pill mills, inattention, and inadvertence. 

There are undoubtedly those who have no concern about the victims, participants, and users. WEARTV in Paradise recently reported on the arrest of a physician who prescribed a great many pain pills. The doctor, whose profession is to heal and ameliorate, is accused of "prescribe(ing) more than 400,000 oxycodone pills over a three-and-a-half year timespan." 

These are allegations, and everyone is innocent until proven guilty. In addition to allegations regarding those prescriptions and medical practice lapses, this physician will face charges of murdering two people. Two people whose names are on that list of overdose deaths discussed in Nitazenes are Worse (June 2024).

That is a tough story. It is only more compelling because it happened close to home. That is a perspective issue that is worth everyone's consideration. This is happening close to home for everyone reading this. Overdose is not a "there" problem, it is an everywhere problem. 

Drug use, overuse, and death touches every community, every life, and everyone. It is unlikely that you do not at least know someone who has been directly touched by this scourge. There is no "six degrees" of separation from this pandemic. See Six Degrees of COVID-19 (April 2020). You may know someone who overdosed, but it is likely you know someone who knows someone who overdosed. If there is a separation, it is likely far less than six degrees.

There has been some progress. The rate of overdose in some demographics has decreased. However, recent reports are that Overdose deaths are rising among Black and Indigenous Americans. It is suggested by some in the press that overdose "rates for Black and Native people quickly surpassed white rates and continued to grow as white rates declined between 2021 and 2023."

There is room here to question why. If it is possible to stem the tide of this chemical tsunami in any locale or demographic, why is the effect of the efforts not uniform, or at least more uniform? There is supposition about how groups may choose to "navigate(e) . . . institutions." 

There is allegation that those providing relief or release are in fact "white-dominated institutions." There is a suggestion that overdose death is thus somehow systemically enabled or condoned in some racial paradigm. Without using the terms, there is a suggestion of privilege, racism, and more. 

While there is no suggestion that drugs are racist, there seems some suggestion that there is a disparity in the access to care, treatment, and recovery. There is likely merit in considering how, where, and why people are likely to seek assistance with their substance challenges. 

Some advocate for programs and responses on a racial level. They seek substance abuse "services ... specifically designed for the Black community." In this, there is some suggestion that communities are different based on race. That will perhaps be facially troubling to some. A great deal has been said over the years about avoiding categorizing people. 

The sources quoted in the Overdose Deaths seem to suggest that some demographic groups are reluctant to seek services. One contends that "A lot of our people don’t access services if they’re not right there in their path.” That contention is leading to increased outreach interaction. Professionals are penetrating communities with "mobile programs" to take the fight to the user instead of waiting for the user to seek help.

That approach is not race-based. That approach is logical and focused on getting resources and reactions to the problem. 

The death trends are not at all comforting. The existence of disparate impact in any health function is troubling. There has to be some consideration of the merits of providing care and treatment to communities that face needs and consequences. Nonetheless, there are historical examples of troubling outcomes stemming from good intentions. See Race-Based Medicine (August 2021) and Hippocrates, Harm, Racism (May 2022). Those past actions should remain cautions in planning any response or reaction. 

The bottom line remains that too many are dying of this pandemic. It has been in our midst for decades, and the gallant efforts of so many are only beginning to stem the tide. The impact of drugs is demonstrable on American society and more so on specific elements and demographics. The societal acceptance of drug use is seemingly increasing, as is the smorgasbord of substances available.

With an eye toward any structural or functional inhibitions, the time is ripe to evaluate the efforts directed at inappropriate drug use. There is merit in considering better methods of community engagement and penetration. 

This post is titled Remembering and Persevering. That is a recognition that the plethora of news coverage, tragic outcomes, and reminders over the last decade have not stopped the deaths. There is merit in our remembering those who have passed, There is benefit in remembering those who might still be able to escape the threat that these substances pose. 

Prior Overdose-relate Posts

Dying to me don't sound like all that much fun (October 2013)

Hey, got an Auto-Injector I Could Use? (July 2014)

New CDC Report on Opiods (July 2014)

E-FORCSE and KASPER Cousins with a Cause (August 2015)

We are on Notice (September 2015)

2015 Injury and Fatality Study is Interesting (October 2015)

What Worthwhile Can You do in 11.2 Minutes (December 2015)

Changing Face of Pain Treatment - a Game Changer? (December 2015)

She Prescribed and People Died (February 2016)

Opioid Guidelines from CDC - FINALLY! (March 2016)

If Not, What is the Point? (October 2016)

A Florida Formulary? (December 2016)

Like a Broken (Drug Death) Record (January 2017)

PDMP and Opioids in Ohio (March 2017)

PDMP Success and Doctor Shopping (April 2017)
Does Farr's Law bring us Good News? (July 2017)

2018 Florida Legislative Proposal on Limiting Opioids (October 2017)

Anna Nicole Smith in Work Comp News (November 2017)

Mississippi and Significant Issues in Work Comp (April 2018)

Drug Monitoring Back in the News (September 2018)

Is Pain Surmountable? (December 2018)

Opioids 2019 (July 2019)

Some Marijuana Findings Reconsidered (July 2019)

Severe Addiction Treatment (December 2019)

Opioids, the Hot Seat, and More (November 2020)
Desensitized to Death (August 2020)
The Time has Come, the Time is Now (April 2021)

Contemptuous? (October 2021)

Fentanyl is Killing, Still (November 2021)

Drugs and Overdose (January 2022)

Overdose in the News (June 2022)

Kill Every American? (December 2022)

A Vaccine Against Being High (January 2023)
The Fourth Wave (September 2023)

Edible but Stomach-Churning (October 2023)

Xylazine (December 2023)

Recriminalization (April 2024)
Nitazenes are Worse (June 2024)