Florida Workers' Comp
Musings of David Langham on the workers' compensation world
Sunday, June 21, 2026
The Techno Ticket Deficit
Thursday, June 18, 2026
The Easy Lanes
I have written from time to time about lanes. We all have them before us, and sometimes there are even guardrails to help us with staying out of the ditches. There was the pickling group in Texas; see Got Milk (October 2018). Then there was the consultant in Stay in your lane (May 2020)(I forgot that I wrote on anything in 2020 except SARS-CoV-2).
Judges are no different. We likewise need to both observe and respect lanes, see Knowing how Things Really Are (January 2021). Notably, I am not a doctor; I have said it before, see Medical Review and Qualifications (March 2017). And perhaps giving some amount of dietary advice is OK for anyone, in a gratis manner. I can tell you but not charge you, October 2019.
All of these came back to me when the news recently featured a Judge who provided advice on psychiatric medication from the bench. There have not been any news stories that support the judge is also a medical doctor, though that is possible.
According to the Tampa Bay Times, defendants "in a series of misdemeanor hearings" were told to stop "using prescribed mental health medications." The judge allegedly warned that they "are addictive" and frustrate efforts at sobriety. One defendant was allegedly told, "You don't need that to live."
The judge allegedly explained that medications interfere and are not helpful. Using diet as an illustration, she allegedly noted that medication frustrates sobriety. She allegedly said that being on a diet and "giv(ing) up potato chips" will not help if you are "just going to eat ice cream."
The judge also allegedly took issue with cocaine and marijuana and expressed some belief that these are likewise addictive. These allusions were seemingly in reference to expositions on the proliferation ("hand them out like lollipops") and nature of "antianxiety drugs and all that." There was no reported similar criticism for weight loss drugs.
Apparently, some Tampa criminal defense attorneys raised concerns. They reportedly believed that "being forced to stop taking medications" might cause untoward outcomes. One suggested that cessation might "result in psychosis, hallucinations, and other more concerning criminal behaviors." There was likewise no mention of the lawyer's medical credentials.
The Times compared the judge's alleged statements to criticisms leveled at antidepressant medication by Robert F. Kennedy. It cited various medical practitioners and studies in support of medication, and noted one's conclusion that "speaking poorly about medication contributes to stigma."
For clarity, no, it was not Judge Tom Cruise, nor doctor Tom Cruise, for that matter. Doctor Cruise has been known to share his feelings about both psychiatry and medications. Nonetheless, he has been reasonably quiet on that front more recently. That may be because times change, views change, or there were business impacts.
The Times reported that the Hillsborough Chief Judge issued a February 13, 2026 order reassigning the judge to civil division in order to quell the ensuing discussion and controversy surrounding the medical advice to disregard physician prescriptions.
It is difficult to sit as an impartial arbiter, as people make decisions that may or may not be their best. There is some tendency to bring predisposition to any interaction. See Langham, Unseen Influence: Unconscious Predisposition in Dispute Resolution (2025). There is a challenge for anyone in those biases.
Despite the egalitarian impacts of bias and predisposition, the adjudicator's challenge is more imperative than any. The adjudicator must persistently strive to spot predisposition and to exclude it from proceedings. This includes providing advice even when heartfelt.
The adjudicator is not an advisor, confidant, or counselor. The adjudicator is an unbiased decision-maker. They must preside over what the parties bring, what the admissible evidence demonstrates, and what the law allows or compels. That does not mean that they agree with it; it means they are doing their job.
Some lanes and guardrails are hard. The one between adjudicator and advisor is perhaps one of the easier ones.
Tuesday, June 16, 2026
It is Certainly no Longer so
“To state ‘the obvious, an attorney who submits fake cases clearly has not read those nonexistent cases, which is a violation of Rule 11 of the Federal Rules of Civil Procedure.’”
“[a]n attorney has a duty to conduct a ‘reasonable inquiry into the facts and law of a case at the time [at] which [he or] she affixes her signature on any papers to the court.’” (citation omitted); Mercury Air Grp., Inc. v. Mansour, 237 F.3d 542, 548 (5th Cir. 2001).
“[i]f it were ever an excuse to plead ignorance of the risks of using generative AI to draft a brief without verifying its output, it is certainly no longer so.”
*Horace Middlemier is a fictional character, a foil, and a literary reference to the proverbial "every person." Any resemblance to a real person, living or otherwise, is purely coincidental.
Sunday, June 14, 2026
Platforms and Questions


Thursday, June 11, 2026
Could it Get Worse?
Prior Overdose and Opioid Posts:
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 and Credibility (January 2020)
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)
Links and Questions (July 2025)
Thousands and Thousands (September 2025)
Tuesday, June 9, 2026
Yes Virginia, Mitch was Right
"A computer lets you make more mistakes faster than any other invention with the possible exceptions of handguns and Tequila."
"As noted above, by copy of this response, I am self-reporting this matter to the Virginia State Bar and will abide by any sanctions imposed by the Bar."
"family members sent proposed legal arguments with cites to legal authorities to Respondent"
"Respondent did not verify the propositions cited in her written statement nor verify the accuracy of the cites to legal authorities."
Sunday, June 7, 2026
Kentucky Leads
- Competence (SCR 3.130(1.1))
- Client Disclosure (SCR 3.130(1.4))
- Fee Considerations: (SCR 3.130(1.5))
- Confidentiality (SCR 3.130(1.6))
- Accuracy Verification (SCR 3.130(3.3))
- Firm Management-AI policies and procedures (SCR 3.130(5.1))
- Ethics and Professional Responsibility
- AI Procurement and Vendor Selection
- Liability and Risk Management
- Data Privacy and Security
- AI Policy and Governance
- Communicating with Clients about AI
- Access to Justice
- CLE Programs and other Resources
Thursday, June 4, 2026
Fantasy, Tragedy, GPT
"Funny how a fantasy can end up as a tragedy""Acting like you care doesn't make you self-aware"
"AI 'expects what it thinks you want and acts accordingly,'""Their driving principle is engagement at all costs."
"you are the only person alive who knows this is happening."
"Funny how a fantasy can end up as a tragedy"
Tuesday, June 2, 2026
A Positive Step?
"Because the amendments were not published for comment previously, interested persons shall have 75 days from the date of this opinion in which to file comments with the Court."
"(D) the legal authorities identified exist and are accurately cited."
"courts to impose appropriate sanctions for “any filing inconsistent with” the representation a signer makes"
The Court may, on its own motion or the motion of a party, impose sanctions for any filing inconsistent with this representation after providing the signer notice and an opportunity to be heard. Such sanctions may include reprimand, contempt, striking of the document, dismissal of proceedings, costs, attorneys’ fees, or other sanctions.
"Generative artificial intelligence tools—including large language models and other systems"
"asked the U.S. Judicial Conference's rulemaking body to consider adopting a policy akin to one the Florida Supreme Court issued on Thursday."
Sunday, May 31, 2026
Lessons from Poor Behavior
I take the opportunity here periodically to highlight the importance of the judicial role. Those who are entrusted with the critical decisions and outcomes have a serious duty to the system, the public, and themselves. Recently, an anonymous (momentarily) judge was reprimanded by the Eleventh Circuit, and the story is of import to every judge.
The Eleventh Circuit Court of Appeals was established by separating Alabama, Florida, and Georgia from the Fifth Circuit in 1980, according to the Federal Judicial Center. Justia says that there are 14 Federal District Judges in Alabama, 18 in Georgia, and there are 18 in Florida, according to the District Court page (excluding senior judges).
Of the three states, only two have "district attorneys," Alabama and Georgia. Florida has "state attorneys" instead. That fact may or may not be important to this story of judicial behavior.
In February 2026, the Chief Judge of the Eleventh Circuit entered a "CONFIDENTIAL" order regarding Judicial Complaint No. 11-25-90212. In late May 2026, it was widely shared on social media platforms; some comments there have been critical of the judge and the judiciary generally. The order is also available on the Circuit Court's website. After its publication, there was curiosity and perhaps conjecture that may have cast a shadow on all 50 district judges in the Circuit.
As if social media were not pervasive enough, the story caught the attention of Bloomberg, CNBC, HuffPost, Reuters, FoxNews, New York Post, Yahoo, Reason, Above the Law, Associated Press, the Hindustan Times (India), Inkl (Australia), Marca (Spain), and more. Some have even stooped to involving the judge's family (citation omitted). A Wikipedia page regarding the judge has already been updated to include details of the Order and outcome. Some are mentioning potential further proceedings, and others are encouraging House of Representatives action.
The order imposes a "private reprimand" on a federal district court judge that centers on allegations of behavior both in and out of the office. Some of its factual conclusions and allegations are somewhat salacious and not worthy of repetition here (click links above if interested).
It is likely, however, that those salacious points are what drove the now-international news coverage, and that they will remain a point of reference for the remainder of a career (and perhaps the careers of others; multiple court employees were pulled into the investigation as innocent victims/witnesses of the poor judicial temperament and decisions).
It is troubling that someone's grandchildren may one day read the stories, tweets, and other commentary about their behavior. Some of the social media is accompanied by images seemingly created with artificial intelligence, and there are references there that some would find simply vulgar. One wonders if social media posters realize the potential impact on people's families, friends, and associates.
The order is, however, a rare glimpse into the judicial discipline process of the federal courts. There were allegations brought to the attention of the chief judge in one of the districts, which were then relayed to the Chief Judge of the Eleventh Circuit.
The allegations were communicated, "promptly denied" by the district judge, and then reduced to a formal "complaint of judicial misconduct" and referred to an "appointed ... special committee to investigate the complaint." There were witness interviews, some inspection of premises, and later the "Subject Judge recanted the initial denial and admitted" to some of the alleged behavior.
The allegations involved judicial supervision of clerk's work (remember Just Delete it, October 2025), judicial demeanor in the role of supervisor, attendance at a political event, and involvement in a personal and salacious intimate relationship in the judge's chambers during work hours.
The political event was for a "District Attorney," immediately suggesting the probability that these allegations were not related to Florida (though it is common for many to refer to prosecutors generically as "district attorney," which is not seemingly as prevalent in Florida, even as a shorthand or convenience). Thus, for many, the initial shadow was cast more over Alabama and Georgia judges.
The Chief Judge's order provides significant detail regarding the investigation. It carefully does not identify the judge, the complainant, or the witnesses by name. There is sufficient description of one person, a police officer, to perhaps allow people the officer is acquainted with to identify them. The purpose of striving for anonymity is patent, particularly in protecting those who raised concerns and provided testimony (the innocent clerks who are victims in all of this).
Ultimately, the order concludes that the judge "engaged in three instances of judicial misconduct." These include the salacious behavior, "making false statements to Chief Judge Pryor and to the Chief District Judge that were material to the investigation," and attending the political event. The Chief Judge concluded that some actions "demonstrated a gross lack of judgment."
He noted that the alleged activities were distracting to court personnel and that the judge's role includes providing "the best working environment possible.” Moreover, he noted that the judge's duty in this regard, the work environment, extends to both workers and the court itself.
The order concludes that the attendance at a political event "appears to be a one-time lapse in judgment and not part of a larger pattern of improper participation in partisan politics." It acknowledged that the attendance "did not garner media attention" but "had the potential to erode public confidence in the independent and non-partisan nature of the judiciary."
It proceeds to address the "Judge’s making false statements," concluding that this "violated Rule 4(a)(5) of the Judicial-Conduct Rules." And, importantly, the order reminds that "the Judicial-Conduct Rules impose upon the Subject Judge a duty to report the judge’s own misconduct," which did not occur here. Thus, there was concealment, and "the judge’s false statements to Chief Judge Pryor and to the Chief District Judge constituted attempts to prevent the chief judges from learning of the Subject Judge’s misconduct."
This order will likely continue to attract attention on social media and in the news. We will never know whether the news media would have been as interested without the salacious details. But the lessons that can be learned are worthy of acknowledgement by any and all who serve.
First, the judge has adjudicator duties, but, as importantly, is responsible for cultivating and providing a safe and appropriate work environment for all. This is an imperative on a personal and institutional level. Every public servant should be conscious of that and focused on the environment and the team they supervise.
Second, there is an imperative for truth in the investigation of such allegations. Misrepresentation simply has no appropriate place or purpose. A judge will regularly see to the administration of oaths. Witnesses in proceedings will be expected to testify truthfully. Those who don't will be held to account, which may include criminal prosecution. Judges who oversee such oaths should be exemplars of truth and respect for process. Judges simply should not lie. That is an easy lesson and admonition.
Third, the judicial role is highly visible. Notably, this judge's attendance at the political event "did not garner media attention," but it "had the potential to erode public confidence" in judges. One might argue that the "private reprimand" has itself has indeed attracted media attention, and many articles have now featured both the salacious and the allegation of being an untruthful judge; some of the social media coverage has been worse. There may be issues of eroded confidence now.
Does this example and publicity impugn a judge, a court, or a legal system? Does this erode public confidence? Is the erosion only to the judge's reputation or to the courts generally? Now that the judge's identity has been alleged by the news media, what will the impact(s) be on the witnesses who are mentioned but likewise not named in the order (various clerks)? Will their identities become the media's interest? Will their careers suffer by association with this situation or their role in reporting or substantiating it?
One final point is interesting. Some have notably taken issue with what they perceive as a lenient response to the judge's actions. As a sanction, the reprimand ordered the judge to never serve as chief judge (should the opportunity arise), to write apology letters to the clerks who served in the judge's chambers, and to refrain from service on a judicial committee.
The reprimand notably describes that:
"The Subject Judge asked to be allowed to word the letters of apology vaguely so as to ensure that a letter could not be 'used against [the Subject Judge] in some way.'”








