WCI 2026 - Dave's Suggestions

The Workers' Compensation Institute opens on August 24, 2026. The program is available online and as a PDF (some of us seasoned citizens like to print a copy, fold the pages over, make notes, etc.). The really chronologically challenged await the annual WCI catalog the same way we did as kids, expecting the Christmas catalogs from Montgomery Ward, Sears, and more. 

The official WCI start will be the Monday, August 24, 2026, 08:45 opening session (Palms Ballroom Canary), complete with the National Anthem and Blue Angels flyover. But there is much programming to attract us before that. So, in order, here are the things I would strive to put on my agenda (admittedly, I am committed to various meetings and other distractions throughout, so while I won't necessarily attend each of these sessions, I recommend them):

Saturday, August 22, 2026

Give Kids the World Service Day—this is a great chance to get to know some of the stalwarts of the workers' compensation community. They form up at about 7 and have opportunities to help both at the Marriott and the Village. Go make new friends, see old ones, and bask in the community you are part of. 

Sunday, August 23, 2026

The Kids' Chance Golf Tournament—I don't play, but I enjoy seeing everyone in this casual environment. While the carts are lining up (07:00-08:00), there are so many interesting people to reconnect with. I see people here I do not run into elsewhere at the conference because we are in different events (reconnecting and socializing are free for all—be sure to ask Yvonne Guibert if you can be on her podcast; compliment Tammy Boyd for the great job she and her board do with this annual community event).

The Professional Mediation Institute (PMI) runs all day Sunday. It is by mediators and for mediators. But who could benefit? Everyone who mediates can. Adjusters, risk managers, and lawyers should consider this an opportunity. Of broadest appeal: Motions to Enforce at 09:00; Mock Mediation at 12:20; Achieving Success at Mediation at 16:20 (Grand Ballroom 8A).

1:30-4:00—Moot Court Quarter and Semi-Finals—This is a great chance to see an oral argument with students from around the country. They are undeniably exceptional, and their arguments are interesting. (Grand Ballrooms 11-14).

4:00-5:30—The Founders' Welcome Reception—This is the real kickoff. Join Jim McConnaughhay, Steve Rissman, and the WCI Board of Advisors for conversation, connection, and camaraderie. What a great opportunity (Palms Ballroom Corridor). Be sure to get a selfie with Ralph Gonzalez and ask Bob Wilson for his autograph! Extra credit if you get a selfie with Jim McConnaughhay, Steve Rissman, or both together!

5:00-6:00—The Annual OJCC Meet and Greet—This is a chance to connect in real time with the Florida Judges and Mediators (Boston). Too much is virtual in today's world. Get out, get real, shake a hand, pat a back, share a story, reconnect, and feel the power of community. I cannot wait to see you!

Monday, August 24, 2026

09:00-09:50—The PMI program—How to Optimize Mediation Outcomes—lawyers, adjusters, and risk managers would all benefit. (Grand Ballroom 8A).

1:00-2:00 The Risk Manager Program—AI in Decision Making—What are people doing? What will they be doing? There are already many tools in use. How does it affect you?

2:00-3:00 on Monday is the second-hardest decision of the conference!

2:10-3:10 The National Workers' Compensation Review (NWCR)—Causation Analysis. This will be about AI as a tool in medical reasoning. Every claim involves medical needs and questions. (Grand 8B). These speakers are legendary leaders. Close second in this time slot is The Expanding Scope of Workers' Compensation on the C-Suite program (Crystal Ballroom J1). These speakers are peerless. Close third—The Crash Course—It's Complicated—an overview of just how diverse, distributed, and difficult the assortment of systems can be. (Magnolia Ballroom 7-9).

2:30 - 4:30 The SAWCA National Regulator Roundtable—This affords access to dozens of perspectives on the latest comp challenges from across the country. Anyone serious about workers' compensation should be in this room (Crystal Ballroom G1)(be sure to ask for a seat from which you can see me! If I am not there yet, stay tuned—I will be). 

5:00 - Comp and Circumstance. This is an informal gathering at 5:00 "Near the Starbucks Kiosk." Community matters. Want to meet some new people or renew acquaintances? If this turns out to be a "flash mob," let's hope they are singing Don't Stop Believin (Journey, 1981) and not YMCA (Village People, 1978). But no matter what they're singing, join in and be part of the community! As John Belushi noted in Animal House (Universal 1978), it "don't cost nothin'."

Tuesday, August 25, 2026

08:00 - 08:45 - FSU School of Law Alumni Breakfast. This is another great chance for a selfie with Steve Coonrod, Ralph Gonzalez, Jim McConnaughhay, Hon. Jacqueline Newman, Steve Rissman, and Hon. Jacqueline Steele. Some of the FSU leadership will also be present (Dean Erin O'Connor is always there). FSU is doing great work in workers' compensation! If you are an alumnus, you should strive to stop by this reunion. Community matters (Boston). Remember Baz Lurhman - "because the older you get, the more you need the people you knew when you were young" (Everybody's Free, Capital 1999).

08:45 - 09:45 on The Attorney Breakout—What do Judges Want—This one is admittedly Florida-heavy, but for those engaged in Florida litigation, this is a great topic and panel. (Crystal Ballroom M). No, there is no free breakfast. 

9:55 - 10:55 The NWCR Program—Actuarial Insight—It sounds a bit dull, but the interaction of the actuary (money) with the claims professional (front line) and risk managers is a critical topic for anyone handling claims and understanding the decisions. How can you influence and learn from their processes? (Grand Ballroom 8B). Close second—The C-Suite Program—Access to Health Care—This is likely the biggest challenge the industry faces today. Every jurisdiction is striving for better access to care. (Crystal Ballroom J-1).

11:00 - 12:00 The C-Suite Program—Building Tomorrow's Workforce. The issues of generational difference, tech, and more will impact every workplace and many disputes. (Crystal J-1). Close second—The NWCR Program—Empathy Isn't Soft—will help attendees understand how the systems look from the claimant perspective (Grand Ballroom 8B).

1:00-2:00 Tuesday is the hardest decision of the conference!

1:00 - 2:00 The Adjuster Program—Live Oral Argument—this is interesting both in the specifics of the cases argued and in the court process and procedure. This is a must for anyone involved with claims. (Palms - Canary). Close second—The NWCR Program—Exclusive Remedy—an overview of what risks lie outside workers' compensation (No, I am no longer on the panel; big thanks to Judge Pam Johnson of Tennessee for covering for me!). Close third—if you missed Access to Care at 9:55, The Medical Issues Program presents Access to Care: The New Crisis (Crystal Ballroom C). Getting our injured the best medical care, delivered timely, is our greatest challenge. 

2:10-3:10 on the Liability Breakout—Preventing the Big Loss—How do risk managers think about claims and their implications? (Grand Ballroom 8A). Close second—2:30-3:30—The Attorney Breakout—Cybersecurity and Privacy—this will be a persistent concern for all. AI will only make it more so. (Crystal Ballroom M). 

3:15-4:15 On the Risk Manager Program—Workplace Violence—it is apparently on the rise and poses myriad challenges. (Grand Ballroom 7A). Close second—The NWCR Program—Dealing with Change—practical, professional tips for dealing with new roles and responsibilities (Grand Ballroom 8B).

Wednesday, August 26, 2026

07:45-08:45 The AI Technology Program—Productivity vs. Enterprise AI—understanding how AI works and what to think before buying. (Grand 8A).

8:45-9:30 The Alliance of Women Program—All in for Leadership (Keynote)(Crystal H). Close second for Floridians—On the Division of WC Program—What's New and What's Next (Grand 8A).

9:10-10:10 The Multi-State Program—An array of state perspectives on trends and issues in 14 various states (Grand 7A and 7B) (These sessions repeat 11:05-12:05 and 12:10-1:10).

OVERALL - Thousands of hours have been selflessly poured into this program. Lines have been written, edited, and rehearsed. The 94 speakers and personalities involved in the breakouts I have listed are among the thought leaders of today and will provide you with foundations for tomorrow. 

These programs will deliver knowledge, insight, and likely a few laughs. This post features my recommendations, but this is also a shout-out to all the presenters, organizers, and leaders that we all look forward to seeing each August. It is math; not every program can make the list. Safe travels—see you there.  

Speakers and others involved in the selected programs:

Tammy Boyd
Yvonne Guibert
Ralph Gonzalez
Bob Wilson
Jim McConnaughhay
Steve Rissman
Steve Coonrod
Gregory Johnsen
Ray Holley
Jeffrey Jacobs
Robert Arthur
Sylvia Medina-Shore
Kate Marshman
Karl Labertew
Tom Glick
Adam Ross
Veronica Jackson
Stuart Suskin
Jamey Rodgers
Sean O'Connor
Holley Akers
John Brooks
Hon. Jacqueline Steele
Tracey Hyde
Amie DeGuzman
Elaura Hodgetts
Adam Ross
Angela Flynn
Rachel Dobson
David Stillson
Laura Noble
Jill Alfano
Michael Fountain
Bill O'Brien
Chris Brigham
Mark Melhorn
Alexander Almazan
Heidi Sellers
Suzanne McTeague
Tara Acton
Jen Hamelin
Tim Stanger
Frank McKay
Frank Fierrri
Margret Kerr
Ivan Morales
Diana Castrillon
Iliana Forte
Suzy Braden
James Marshall
Pete Rasmussen
Geralyn Datz
Becky Curtis
Debra Livingston
Jennifer Cogbill
Brian Walters
Aimee Ross
Kathy Doyle
Nikki Jackson
Greg Wiley
Javier Garza
Desi Fioravanti
David Harvey
Steve Tipton
Hon. Pamela Johnson
Jill Rosenthal
Melissa D. Tonn, MD
Janet Cobb
Dr. Latoya Abbott
Mary Ann Lubeskie
Marc Salm
Stu Miller
Stuart Grossman
Jerry Heim
Cathy Agacinski
Mitch Golden
Franklin Zemel
Robert Wilkins
Hon. Robert Rassp
Scotty Benton
Steve Figliuolo
Claire Muselman
Tish Cooke
Kara Sepulveda
Jennifer Morris Jones
Caryn Siebert
Jennifer Novosel
Amy Klatt
Nicole Patterson MBA, RN
Emily Cameron
Abby Torres
Doug Gibb
Jennifer Papillion
Pam Macon

Strategies to Thrive in Times of Change

NWCR 2026!

There will be a tremendous volume of information imparted in the 2026 National Workers' Compensation Review (NWCR) at WCI 2026. It all culminates on Tuesday afternoon with the Strategies to Thrive program:

Trail Blazers and Ceiling Breakers Workshop: The Power Pivot, Strategies to Thrive in Times of Change

Tuesday, August 26, 2026; 3:15-4:15 p.m.
Grand Ballroom 8B (Entrance through corridor Grand Ballrooms 7 & 8)

This will wrap up the program for 2026. It will be an interactive workshop including small-group activities. The point will be to lean into strategy for leaders confronted with challenges like:

• Mergers and acquisitions
• Industry Shifts
• Leading through crisis moments
• Stepping into new roles and opportunities

This workshop is about answering challenges and growing into the changes that are now a ready part of our professional existence. The whole NWCR 2026 program will have brought to light various challenges and changes. With all of that knowledge in the quiver, this capstone will facilitate and encourage the next steps of growing into the professional world that is evolving around us.

The panel will bring experience and advice from their own changes and challenges. Their wealth of experience with adjustment and realignment will provide guidance for both successful implementation and the personal stress of change. This will focus on change within, whether company or department, change without, whether by state action, federal adjustment, or scientific advancements in medicine, medication, or more.

The NWCR 2026 program illustrates a multitude of changes progressing around us. The successful leaders of tomorrow will be prepared to perceive, meet, and adapt to direct and indirect changes. The empowerment of tomorrow's leaders through this educational opportunity will be invaluable.

Trail Blazers and Ceiling Breakers Workshop: The Power Pivot, Strategies to Thrive in Times of Change

Tuesday, August 26, 2026; 3:15-4:15 p.m.
Grand Ballroom 8B (Entrance through corridor Grand Ballrooms 7 & 8)

Moderator: Jennifer Morris Jones, NWCR Advisory Board
Presenters:
Amy Klatt, Skyward Insurance

Jennifer Novosel, Westfield Insurance
Caryn Siebert, Gallagher Bassett
Nicole Patterson, Aramark

NWCR 2026 program overview:

Monday, August 24, 2026
     1:00-2:00 NWCR 2026 and Litigation Management
     2:10-3:10 Causation Analysis
     3:15-4:15 Stewardship of Truth

Tuesday, August 25, 2026
     8:45-9:45 State of the States
     9:55-10:55 Actuarial Insight and Mysterious Underwriting
     11:00-12:00 Empathy
     1:00-2:00 Rapid Fire Hot Topics
     2:10-3:10 Beyond Exclusive Remedy
     3:15-4:15 Strategies to Thrive in Times of Change

Empathy Isn't Soft

NWCR 2026!

Day two of the 2026 National Workers' Compensation Review (NWCR) at WCI 2026 will wrap its morning portion with the third hour, Empathy Isn’t Soft—It’s Strategic! How Empathy Curbs Litigation and Total Claim Cost. A series of posts is listed at the conclusion of this one, providing a roadmap to the entire NWCR 2026 agenda.

Empathy Isn’t Soft—It’s Strategic! How Empathy Curbs Litigation and Total Claim Cost

Tuesday, August 25, 2026; 11:00 a.m.- 12:00 p.m.
Grand Ballroom 8B (Entrance through corridor Grand Ballrooms 7 & 8)

Empathy is a challenging word; too often, it is confused with sympathy. Empathic reactions are considered and conscious. They are a tacit recognition that someone has particular thoughts, feelings, emotions, or reactions. We can accept this without the human judgment of whether those are real or not, rational or not, persuasive or not.

We need not agree with or endorse someone's perceptions and conclusions in order to empathize with them and their perceptions. In fact, it is entirely likely that each of us will find some conclusions or beliefs unpersuasive; humans have many similarities, but we all have our own strengths, weaknesses, beliefs, and predispositions. We each perceive the world through the lens of our own experiences, and that alone clarifies why different people may necessarily see things differently.

The point of discussing empathy is two-fold. First, there is the foregoing recognition that we can feel for what someone else is feeling or perceiving without endorsing or adopting their perceptions or conclusions. Second, through the empathetic and non-judgmental process of hearing them, we can each respect their interpretations and reactions. That is "respect," without any need for acceptance or endorsement.

The dynamics of this panel discussion are intriguing. The moderator brings a wealth of knowledge about the human condition, our mental processes, and our action and reaction tendencies. The psychology we bring to situations is largely in place before an event like an injury or accident occurs. Why, how, and when we react to an insult or injury depends on who we are.

The effect of physical injury may be unique and individual. One person may find an injury overwhelming, while another could find the same physical effect more of an inconvenience. Nonetheless, there are catastrophic events that occur in the world of work, and this panel brings that experience to the fore firsthand. The challenges of rehabilitation and recovery are many, and hearing them from the perspective of success is a powerful message.

Finally, it is rare that any of us move through recovery and function restoration without assistance. That may come in many forms, whether physical, emotional, restorative, or supportive. Those who facilitate and assist must possess and radiate engagement, involvement, and commitment.

This third hour of the morning presentation will bring all three of these perspectives to bear on the challenges of accepting the way others perceive and appreciate things. There will be discussion of "active listening," appropriate language and label use that accepts without judgment, and strategies for engaging those who are recovering from insult or injury.

This is not a program on avoiding reality, minimizing the reality of physical recovery, or falling into leniency or complicity through sympathy. This program is about respect, engagement, appreciation for differing perspectives, and forging restorative paths that address medical and human realities despite differing perspectives, beliefs, or hopes.

The message here will be "fair, efficient, and humane" methodologies to move beyond preconceptions and accept that perceptions will differ. Through this empathy, collaboration, and progress can come.

Empathy Isn’t Soft—It’s Strategic! How Empathy Curbs Litigation and Total Claim Cost

Tuesday, August 25, 2026; 11:00 a.m.- 12:00 p.m.
Grand Ballroom 8B (Entrance through corridor Grand Ballrooms 7 & 8)

Moderator: Geralyn Datz, PhD, MP, Hattiesburg, MS

Panelists:
Becky Curtis, Override Health, Gladwyne, PA

Debra Livingston, Reemployability, Tampa, FL

NWCR 2026 program overview:

Monday, August 24, 2026
     1:00-2:00 NWCR 2026 and Litigation Management
     2:10-3:10 Causation Analysis
     3:15-4:15 Stewardship of Truth

Tuesday, August 25, 2026
     8:45-9:45 State of the States
     9:55-10:55 Actuarial Insight and Mysterious Underwriting
     11:00-12:00 Empathy
     1:00-2:00 Rapid Fire Hot Topics
     2:10-3:10 Beyond Exclusive Remedy
     3:15-4:15 Strategies to Thrive in Times of Change

Beyond Exclusive Remedy

NWCR 2026!

The afternoon of day two of the 2026 National Workers' Compensation Review (NWCR) at WCI 2026 continues with an in-depth review of how workers' compensation fits within the broader employer/employee relationship. This will be:

Beyond Exclusive Remedy: Employer Liability Exposures Outside the Workers’ Compensation System

Tuesday, August 26, 2025; 2:10-3:10 p.m.
Grand Ballroom 8B (Entrance through corridor Grand Ballrooms 7 & 8)

A series of posts is listed at the conclusion of this one, providing a roadmap to the entire NWCR 2026 agenda.

The workers' compensation community has been focused on the (nick-named) "Grand Bargain" in recent years. A great many in the community are unfamiliar with the label, but it is a general reference to the fact that the constitutionality of workers' compensation was determined by the U.S. Supreme Court, concluding that the employee and employer each enjoyed benefits and burdens in the exchange that substituted workers' compensation for tort recovery and defenses.

In that bargain, the predominant benefits for employees are no-fault entitlement and more rapid recovery; the most critical for employers are defined benefit liability and immunity from tort liability. This panel will delve deeply into the tort liability immunity, (nick-named) "exclusive remedy."

Despite the word "exclusive," there remains a variety of potential civil liabilities for employers. These include common-law tort liability for intentional actions or "gross negligence" in some states. Also worthy of discussion are statutory liabilities created by various state and federal statutes that augment or supplement the workers' compensation system recoveries.

Layered on this backdrop, there are issues intertwined with injury or insult that are not compensable in workers' compensation. When such results occur, the question is whether and how recovery may remain barred or available in the tort setting. This has been discussed significantly in regard to changes in compensability standards and burdens of proof in workers' compensation systems.

The employee and employer of the 21st century must be ready to learn about federal programs like the Occupational Safety and Health Act (OSHA), the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and various state laws that similarly preserve or impose potential liability.

There are challenges with causation, co-worker liability, premises liability, automobile insurance, and more. Both employees and employers will have challenges with issues like notice, statutes of limitations, election of remedies, and preservation of evidence. With the potential of parallel litigation or claims in multiple forums, there may be issues with selecting and presenting evidence, inconsistencies in legal standards, and effective communication.

In short, there are a multitude of complications that are potentially involved in the employee/employer relationship. The interactions and conflicts among the various laws in purpose, procedure, and outcome may present challenges of education, interpretation, and conflict. The panel here will discuss a myriad of these points and strive to build a better appreciation for the complications and challenges of the work relationship in 21st-century America.

Beyond Exclusive Remedy: Employer Liability Exposures Outside the Workers’ Compensation System
Tuesday, August 26, 2025; 2:10-3:10 p.m.
Grand Ballroom 8B (Entrance through corridor Grand Ballrooms 7 & 8)

Moderator: Steve Tipton

David Sidney Harvey, Jr., Esq., Partner, Kelley Kronenberg

Hon. Pamela Johnson, TN Deputy Chief Judge of Compensation Claims

NWCR 2026 program overview:

Monday, August 24, 2026
     1:00-2:00 NWCR 2026 and Litigation Management
     2:10-3:10 Causation Analysis
     3:15-4:15 Stewardship of Truth

Tuesday, August 25, 2026
     8:45-9:45 State of the States
     9:55-10:55 Actuarial Insight and Mysterious Underwriting
     11:00-12:00 Empathy
     1:00-2:00 Rapid Fire Hot Topics
     2:10-3:10 Beyond Exclusive Remedy
     3:15-4:15 Strategies to Thrive in Times of Change

Rapid Fire Hot Topics

NWCR 2026!

The afternoon of day two of the 2026 National Workers' Compensation Review (NWCR) at WCI 2026 begins with Six-Shooter Session – Rapid Fire Discussion of Important/Hot/Topics. A series of posts is listed at the conclusion of this one, providing a roadmap to the entire NWCR 2026 agenda.

Six lawyers and a brave moderator will strive to deliver the tribulations of fifty states in sixty minutes. The program will be

Tuesday, August 26, 2026; 1:00-2:00 p.m.
Grand Ballroom 8B (Entrance through corridor Grand Ballrooms 7 & 8)

I have served on this panel in the past, and it is an exhilarating experience. Each of the participants will have interesting examples to share from particular states. You can well imagine that some states present more fodder than others, but if it happened in the last 12 months, it is likely to merit mention here.

There are topics that universally challenge. For the last two decades, medical access has been a predominant issue across the country. The supply of physicians is simply not keeping pace with patient demand for a variety of reasons. One is that people like me are getting older in greater numbers, and we are demanding more care. Some of it is the rapidly evolving new treatments and the demand for specialists in that care.

Workers' compensation suffers in this challenge for various reasons. There are physicians who perceive the financial constraints of these systems to be too onerous. Some physicians do not appreciate the volume of paperwork, permission seeking, and documentation that workers' compensation requires. There is a perception that other payment systems, like group insurance, pay more reasonable rates for care, and that draws physicians to treat those patients before workers' compensation. In any event, there is room for improvement in our supply and provision of care and treatment.

Complexity seems to be increasing. The decisions in workers' compensation on issues like causation (see the Monday afternoon program Causation Analysis). States are perceived as more strenuously adhering to the purpose of workers' compensation, e.g., caring for work injuries, and striving to differentiate and exclude injuries that are merely coincidental with work or only minimally related to the work performed. There is some contention that the result is complex burdens of proof regarding causation and compensability.

Presumptions are always a hot topic. States have habitually added special treatment opportunities for specific occupations. These often operate within workers' compensation statutes, but can also be semi-independent parallel statutes. There are therefore potentials for conflicting statutes, difficult interpretations, and questions regarding which party has the burden in a particular instance and how difficult that burden may be.

These challenges and more are the burden of claims and risk professionals striving to make sound decisions. They confound or frustrate litigation counsel who sometimes perceive the foundations shifting beneath their feet. In the midst of it all is the allegedly injured person, their employer, and all of the perceptions and beliefs that they bring to the situation (see Empathy).

Rapid-fire it will be; dull it will not. This program is always informative, and the hour is always too short.

Six-Shooter Session – Rapid Fire Discussion of Important/Hot/Topics
Tuesday, August 26, 2026; 1:00-2:00 p.m. (Room TBA)

Moderator: Bobby Stokes, Esq., Retired, Austin, TX 

Panelists:
Stuart Colburn, Esq., Defense attorney; Gun Barrel City, TX

Mike Doyle, Esq., Claimant’s attorney, Los Lunas, NM

Jeff Napolitano, Esq., Defense attorney; New Orleans, LA

Annemarie Pantazis, Esq., Claimant’s attorney, Charlotte, NC

Phyllis Phillips, Esq., Mediator; Williston, VT
Hon. Cathy Surbeck, Judge, Philadelphia, PA

NWCR 2026 program overview:

Monday, August 24, 2026
     1:00-2:00 NWCR 2026 and Litigation Management
     2:10-3:10 Causation Analysis
     3:15-4:15 Stewardship of Truth

Tuesday, August 25, 2026
     8:45-9:45 State of the States
     9:55-10:55 Actuarial Insight and Mysterious Underwriting
     11:00-12:00 Empathy
     1:00-2:00 Rapid Fire Hot Topics
     2:10-3:10 Beyond Exclusive Remedy
     3:15-4:15 Strategies to Thrive in Times of Change

Nullius in verba

A recent article reminded of the importance of evidence and what the author calls "The Evidence Revolution." This is a book review and may drive demand for Helen Pearson's Beyond Belief: How Evidence Shows What Really Works. This is an indictment of the anecdotal, the emotional, and the perils of groupthink that have driven so much in policy and "conventional wisdom."

The perils that she unveils are beyond inconvenience or even injustice. There are examples of acute harm driven by the unsupported and unsupportable consensus of the expert community. The first example is Dr. Spock, and no, not the Star Trek (DesiLu, 1967) master of overcoming emotion in the pursuit of logic and reason.

This Dr. Spock was an American pediatrician who "authored The Common Sense Book of Baby and Child Care in 1946." According to Connecticut History, he became "the world’s most famous pediatrician," and according to The Evidence Revolution, he "revised his book in 1958 to say parents should place their infants face down to sleep to avoid choking."

The only problem with this proactive advice from the "most famous pediatrician" is that children died. The Evidence Revolution says that "Sudden Infant Death Syndrome (SIDS) increased" following his public endorsement. As time passed, "evidence accumulated that face-down sleeping correlated with a much higher risk of SIDS."

Evidence and dead children accumulated. Thirty-two years later, "a 1990 study showed that SIDS infants were nearly nine times more likely to have been sleeping face-down." A late-century "public health campaign" pushed to avoid face-down sleeping. The frequency of "SIDS deaths dropped nearly 70 percent." Science debunked eminent opinion. 

Experts may be qualified by their education, experience, or training. Anyone can be an expert in something, and there are a multitude of evidence codes and published opinions that both provide guidance and standards.

But expert opinions may be more difficult. Particularly when someone brings fame and acclaim with their expertise. It may be difficult to believe that someone who has become larger than life may not have the best or most conclusive opinion. How can we vet and differentiate opinion, choose between experts?

The Evidence Revolution explains that these kinds of outcomes are what drove the reasonably recent "rise of evidence-based medicine." With randomized trials, carefully designed studies, and careful consideration of contrary study results, science is capable of both individual and societal progress and improvement.

Nonetheless, there is evidence that too often science fails us. There are shortcomings, and the efforts of a few may be responsible for our safety. Reading that, I was pulled back to Roman poet Juvenal and his inquiry "Quis custodiet ipsos custodes?" ("Who watches the watchmen?"). So, in parallel, who studies the studiers?

The Evidence Revolution describes non-profits that strive to "conduct systematic, standardized reviews of the data from research on various health questions." With this focus, the intent "is to provide clear, objective overviews of all the relevant evidence."

There is some skepticism as to who pays for research. What happens when a funded study fails to support the sponsor's hypothesis? Who watches this? Are negative outcomes buried? Despite the verification and review efforts, The Evidence Revolution says a scant majority of Western healthcare, even today, "is in line with evidence-based clinical guidelines."

The author proceeds to cite other examples of regulatory or other systemic adoption of hypotheses without empirical proof. There is a discussion of examples of such missteps in economic policy, education, and general management. These are each troubling, demonstrating inordinate reliance on the reputation and volume of some advocate while ignoring the empirical evidence, or at least questioning the absence of it. 

The article on The Evidence Revolution begins with "the official motto of ... the Royal Society of London: 'Nullius in verba' ('Take nobody's word for it')." Perhaps we can learn much from Dr. Spock (the pediatrician) and the other examples of groupthink, authority bias, and more that can distract from the real credibility foundations:

The trier of fact (judge or jury) is often faced with competing expert conclusions. What supports the conclusions? What are the signs or symptoms? What empirical evidence exists to support or refute a conclusion? What objective indicia exist, and how does it fit with the hypothesis or conclusion? 

But, most importantly, how effective is the expert's explanation of the constellation of evidence, the process they used for examination and evaluation, and the logical path to their opinion? In the end, the finder of fact will not be an expert. They will nonetheless have to be effective at evaluating and comprehending the expert's process, analysis, and opinion(s). 

The finder of fact and the advocates for the parties would do well to think critically and adopt the Royal Society advice, "Take nobody's word for it."

Ralph Humphries Retires

August 7, 2026, marks a bittersweet moment, one I know will be repeated. Tomorrow is the last workday of Hon. Ralph Joyner Humphries. He desires to depart without hoopla or celebration. I have respected that generally (no party, no cake), but I could not resist a blog post.

Judge Humphries is a Florida Gator, graduating from law school there in 1977. He worked briefly in criminal law in Jacksonville and then began practicing insurance defense, which included workers' compensation.

I met Judge Humphries very early in my career at a convention produced by the Florida Defense Lawyers Association (FDLA). I met a great many lawyers at that Amelia Island gathering, and as I reflect, the experience was somewhat overwhelming. Young lawyers—do not get overwhelmed. This is a very welcoming community you have joined. Embrace it, become involved and active in it. 

While FDLA was an association I belonged to for several years, there was also a local Jacksonville equivalent: the Jacksonville Association of Defense Counsel (JADC). Judge Humphries was a leader in that group, and it hosted annual programming even when the FDLA opportunities involved significant travel and expense that my employers did not favor or persistently facilitate for young lawyers. 

Employers, find a way to facilitate such experiences for your young lawyers. It is important. It is more important today than ever before. Lawyers have to have opportunities for interaction and growth. 

That economic reality related to travel led me to focus on JADC opportunities, and as a result, I worked there with Judge Humphries and a variety of excellent Jacksonville attorneys. I proudly became an organizer and eventualy president of JADC. 

When I met Judge Humphries, he was a partner at a prestigious firm. I recall when he departed and formed a partnership with two other well-known local defense attorneys: Schutte, Humphries, and Becker. His example in that likely contributed to my analysis when I opened my own firm in 1997. 

Nonetheless, throughout my time practicing in Jacksonville, I had ongoing contact with Judge Humphries and his firm through the JADC, some multi-employer litigation, and mediating with his partner Mark Becker.

In one memorable multi-employer case, I represented a company whose employee was injured hanging drywall in Jacksonville. There were thorny coverage issues because my client was a Texas company with only Texas coverage. Looking for a "general" contractor, another entity was represented by Judge Humphries, and yet another by the newly retired Judge Rhodes Gay.

I learned a lot in that case. To make it more interesting, one of the potential "contract" employers was the building owner. Coincidentally, that owner was then negotiating to build out a space for the Jacksonville OJCC office to occupy. That layered some interesting potential recusal issues into the mix, raised by Judge Wilbur Anderson at a hearing at the old OJCC office in the Fuller Warren Building at the base of the Hart Bridge Expressway. Somehow, I recall that hearing after all these years. 

That litigation and my involvement with JADC allowed me many opportunities for education and growth. Stated simply, Judge Humphries was engaged in the community, an experienced and engaging practitioner, and a willing mentor. I look back fondly on those Jacksonville days.

After taking the bench, I had a few opportunities to preside in cases in which Judge Humphries was counsel. One of those was complex and challenging enough that I remember details to this day. Suffice it to say that over the course of years, lawyers and judges are exposed to a lot of disputes. In my experience, only a very few stick in the memory. Nonetheless, I still recall that one of Judge Humphries's and his patient resolve with a difficult situation and opponent.

Judge Humphries was appointed to the OJCC bench in 2010 and is retiring just short of 16 years here. I struggle with that somewhat because it seems more like yesterday. As they say, time flies when you are having fun.

Thus concludes August 7, 2026, a storied career spanning almost 50 years and almost 16 years on the bench. I lament his departure and what that will mean for the OJCC in Jacksonville. Simultaneously, I celebrate that he is taking the time to spend on fishing, family, and travel. There comes a moment for us all when the long-earned reward of retirement is the right move.

I promised Judge Humphries no party and no cake, but I do love cake. So, here is your cake; the message is apropos—so much conflict and challenge is "not your problem anymore." Thank you for making the resolution of so many conflicts, disputes, and cases your problem for so long. 

Congratulations, Ralph, that your moment is now. You will be missed, valued, and remembered here for your demeanor, work ethic, impartiality, and commitment. I join many in wishing you well in the next chapter!

Help Me to Help You

NWCR 2026!

Day two of the 2026 National Workers' Compensation Review (NWCR) at WCI 2026 continues in its second hour with:

Actuarial Insight and the Mysterious Process of Underwriting and Reserving – What You Don’t Know Can Help You or Cost You Big
Tuesday August 19, 2026; 9:55 – 10:55 a.m.

A series of posts is listed at the conclusion of this one, providing a roadmap to the entire NWCR 2026 agenda.

I spent years of my legal career striving to understand the mysterious and distant "actuaries." Their influence over claims was periodically raised and discussed in the confines of claims reviews. They were never named, merely the collective: "the actuaries" say ....

The misunderstood persona and purpose of the actuary will be addressed in a blue-ribbon panel this August at the National Workers' Compensation Review program of the Workers' Compensation Institute. There is apparently an inherent conflict in the world of claims prediction and reserves, pitting the mathematical science of actuaries against the broader community of hands-on claims professionals.

Hearing this discussed, I am often reminded of a great salesperson I knew long ago. He was focused on putting together economically advantageous exchanges for his company. He was not paid by commission, but there was, nevertheless, an "Art of War" flavor to many discussions.

I vividly recall this person's observations about lawyers. It was a persistent and negative "Lawyers are just there to screw up the deal." Don Henley's counter observation was "lawyers clean up all details" (End of the Innocence, A&M, 1989). They had, clearly, perspective differences. That is likely as true for the claims professional and the actuary. There are perspectives, interests, and foci, and they can honestly disagree. 

William Zachry is on the National Workers' Compensation Review (NWCR) committee. The NWCR presents a two-day program each August at the WCI. The NWCR program will be informative this year, and the breadth of topics is notable. Mr. Zachry was a proponent of the actuary discussion this year. This will be:

Actuarial Insight and the Mysterious Process of Underwriting and Reserving – What You Don’t Know Can Help You or Cost You Big

Tuesday August 25, 2026; 9:55 – 10:55 a.m.

Hearing the planning committee discuss the actuary program, I was instantly reminded of a humorous exchange on the sitcom Scrubs (Touchstone, 2001-2010). It was so powerful that it became a meme on interaction. In it, one professional, a bit unprofessionally, badgers another to "help me to help you." It is an admonition about communication and works in this context.

The actuary brings something to the table that many claims professionals lack: science. That said, there are many who express doubt and disdain for actuarial science. It is a mathematical endeavor, and math is a science. Math tends to be highly predictable and replicable. We all come, in time, to faithfully believe that 2+2 = 4. Well, perhaps not always.

Mr. Zachry, in his paper Actuarial Axioms for Claims Handlers and Risk Managers, notes that "No actuarial calculation is ever entirely accurate." This is because the actuary's role is not purely mathematical. They also employ statistics, predictions, and even assumptions. Mr. Zachry also adds to this complexity the fact that the actuarial analysis allows "expected patterns," but expectations may become elusive. 

It is in these variables that critics find the flaw(s) with actuarial science. If the predictions or assumptions are incorrect, then the best math in the world cannot produce accurate and reliable results and predictions.

Whether you are beyond bored with the term "artificial intelligence" (AI) or not, this program will likely reference it. The data, probabilities, and predictions of today are being influenced by the claims experience of yesterday. And that analysis is largely being delegated to large language models to organize, collate, and summarize. 

The AI are generating information that humans used to collect and organize. Mr. Zachry stresses that the best tool the claims professional has is the "consistent, timely, and accurate information" about claims. If this is communicated effectively to the actuary, they can employ their best efforts to provide predictability and facilitate planning. 

With this Actuarial Insight program in your arsenal, the claims manager, examiner, or adjuster will be better equipped to understand both the actuary's conclusions and process. Rather than conflict, this understanding can be used to build collaboration and consensus. Positive interaction can adjust, correct, or challenge assumptions and predictions.

Mr. Zachry is quick to provide anecdotal support. He challenged his actuary to identify specifics. He asked what claims were driving expenses and reserves significantly. He phrased this as "which are driving up your projections," and thus the necessity of reserves/collateral. He then knew which claims he could focus on closing in order to maximize the financial impact of his team's efforts. 

In the same spirit, the actuary can use this Actuarial Insight presentation to better understand criticalities. Examples are how little the actuary role and work are understood or appreciated. They make an indispensable product but rarely speak to their target market and consumers. The actuary can better understand variables, assumptions, and market forces that are not empirical but based on long experience in actual claims.

In the end, the Actuarial Insight program will foster interaction, collegiality, and communication. Each side may have its plea ("help me to help you") answered with better process, communication, and output. The resulting collaborative results may drive enhanced outcomes for all involved as the walls that separate are breached.

Actuarial Insight and the Mysterious Process of Underwriting and Reserving – What You Don’t Know Can Help You or Cost You Big
Tuesday, August 19, 2026; 9:55 – 10:55 a.m.
Grand Ballroom 8B (Entrance through corridor Grand Ballrooms 7 & 8)

Moderator: Suzy Braden, NWCR Advisory Board;  

Panelists:
NWCR 2026

James Marshall

Pete Rasmussen

NWCR 2026 program overview:

Monday, August 24, 2026
     1:00-2:00 NWCR 2026 and Litigation Management
     2:10-3:10 Causation Analysis
     3:15-4:15 Stewardship of Truth

Tuesday, August 25, 2026
     8:45-9:45 State of the States
     9:55-10:55 Actuarial Insight and Mysterious Underwriting
     11:00-12:00 Empathy
     1:00-2:00 Rapid Fire Hot Topics
     2:10-3:10 Beyond Exclusive Remedy
     3:15-4:15 Strategies to Thrive in Times of Change