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Thursday, August 27, 2026

John Burton Passes 2026

The WCI 2026 is officially “in the can.“ I find myself reflecting on the many years I have trekked to Orlando for this annual event. I have many fond memories of nuggets, takeaways, and personal growth. I couldn’t possibly list all of those who have influenced me, supported me, paved a path, and thrown obstructions.

That last one is a little harder to value, perhaps. "He is grateful for opposition?" Yes. The roadblocks and naysayers could be viewed as negatives. But I am so grateful for them, regardless of their intent. Whether you threw the obstruction to stop me or to make me stronger is irrelevant. In the end, the character of each was not yours to decide, but mine.

On Tuesday, August 25, 2026. I learned of the passing of John Burton. Professor Burton was an economist of significant note in the world of workers' compensation. He chaired the National Commission appointed during the Nixon administration and anointed by the same statute that created the Occupational Safety and Health Administration in 1972.

Regardless of your perspective on his analyses and hypotheses, Dr. Burton was an icon in the world of Workers’ Compensation. In our modern world, it is fair to say that scholarship about this topic is thin. 

I know of only one college professor with a significant focus on it: economist Dr. Bob Hartwig. I know of only one full-time law school professor with a significant academic focus on it, Michael Duff. Historically, you might note Professor Larson at Duke (1910-1993) and his successor, Thomas Robinson. Contributors all, but a very small group of academics in a vast and complex world.  

And with the passing of Dr. Burton, the tiny group contracts. 

I have been critical of both the 1970 Commission and their 1972 report. See Friends, Romans, countrymen, lend me your ears (April 2022). That has been public and patent. The intent has never been to question the author, but some might see me throwing brickbats. 

And there were various of us hands-on citizens of workers' compensation who had our differences of opinion with Dr. Burton. I spoke with him only thrice, but frequently disagreed with his hypotheses, themes, conclusions, and writings. But we grew from his scholarship, whether we perceived his thoughts as inspirations or obstacles.

Dr. Burton was 91 years old. Even today, that is an admirable run. He withdrew to emeritus status on the Rutgers faculty in 2000, but continued to speak on workers' compensation. 

Many in the Worker’s Compensation world prognosticated regarding his age. He was old enough to chair the Commission in 1973, and yet was still making public appearances in the 21st-century. If you knew nothing else about the man, his longevity, energy, and persistent motivation should remain inspiring.

Changing gears for a moment, I found myself inadvertently in a pertinent conversation Tuesday morning at the WCI. It was with a shy and reserved individual whom I therefore elect not to identify. Let us just say I spoke with Horace Middlemier* at great length.

Horace was focused on his “love” of the Worker’s Compensation community, the WCI conference, and the various people to which it exposes (Horace loves to love and to say "love," "love it," and "love you."). 

Our conversation kept returning to these people and this community, and the inexplicable ignorance of our greatest strength (people seem oblivious to the great value of our people and their interactions). The humans involved in workers' compensation across America are invariably cordial, collegial, and committed to community.

Certainly, there’s intellect, imagination, and collectivity here. Any group of people can be inspired, clever, and appear engaged. Being engaged is much harder to feign, and doing so persistently is impractical or worse. I have watched this community long enough to accept its sincerity. 

But Horace's critical point was not in the "what," but in the "how." His sense of wonder and admiration was not simply in the practice, the business, or the people. His global enchantment was in the amazing interwoven and continuous cloth that each of these various threads contributes to the overall whole. 

Horace questioned passionately, “Where else does this exist?” He meant the interaction. He was describing the breadth of obvious, sincere friendships. His focus was the sincerity, commitment, and obvious passion that exist for this mission and each other. Indeed, where else does this exist? A question that should make us all grateful to be in this space. 

I have struggled over the years to capture my emotions that attach to this community. Though I work daily with words and strive to one day become a great communicator, I struggle to describe the depth and breadth of community in which we find ourselves.

I conclude that Horace's characterization is both accurate and astute. This community is, in fact, the combination of a tremendous volume of extremely diverse threads woven together in sometimes curious and unexpected ways. We are become a fabric, or more aptly a quilt.

And then we turn ourselves to the analysis of what type of quilt has been thus constructed. And doing so we must avoid the hubris of believing that any one of us sees or comprehends the entirety of this tapestry. 

At best, in a moment that is a career, you may have contributed some small influence on the appearance of one square of the vast quilt. Invest a career, and you will likely not understand all the contributors or even the challenges. I spoke with Jim McConnaughay this year, and he related learning recently about new facts and issues. He has been in this community for over 50 years. 

And if you gaze upon the community, the whole quilt, from the vantage of your square, it may have a particular appearance or appeal to you. Nonetheless, you must contemplate and comprehend that others standing upon their square, or sharing the square of some other contributor, may gain an utterly different perspective. This is broad, deep, and complex no matter how straightforward your own square might be or seem. 

Different. Not better. Different. Not right or wrong. Different. Perspectives can be different. 

As I reflect upon my conversations with Dr. Burton, I am reminded of our coincidence and contradiction. He was no more a lawyer than I am an economist. We therefore often viewed the world and this segment differently and had diverse perspectives on topics from causation to compensation. I might have the same perspective differences with any of you reading this.

Dr. Burton was no more qualified than anyone to examine and opine. Yet, he was no less so. No less so than a doctor, nurse, chiropractor, claims manager, risk manager, business owner, attorney, or employee. Every perspective has the gravitas to commentate. Many lack the time, the platform, or the inclination. 

In the end, our world is diminished by Dr. Burton's passing. By no means because he was right, but by all means because he was engaged, interested, and honest in his perspective. I disagreed with him often. I hope that I did so respectfully of his absolute right to his opinion. 

I respected that he truly felt as he said. I need not agree with it to value it. I frankly don’t need to even understand it. Understanding concepts like economics, law, psychology, medicine, and more comes at great cost. It must be studied, contemplated, tested, and tempered. Professor Burton did that. He was an honest scholar and a dedicated student of our world of workers' compensation. 

Yesterday morning, as I rode west from WCI 2026, trying to outrun the sunrise, I reflected on so many of you about whom I would say the exact same thing. Whether you’ve given me succor or adversity, intentionally or obliviously, thank you for bringing your energies, talents, and perspectives to this community in a conversation. 

I decide how to view your perspective, praise, roadblock, or brickbat. I decide to resort to angst or analysis. I decide to persevere or cower. Not based on your intent, but on my willingness to listen, analyze, and agree or disagree. That is, disagree without being disagreeable. We can all have our own perspective, approach, and conclusions. See Perspective and Respect (August 2016). Let us do so with dignity and mutual respect. 

Dr. Burton and I were none of the following: friends, allies, antagonists, or enemies. We were each students, teachers, and analysts. I do not pretend to hold myself up as a peer. Possibly, John Burton had no peers. But I do believe, passionately, that he was academically honest in his approach, analyses, and conclusions. That does not mean I agree with him, but I do believe he was sincere and appropriate in his approach and study. In the end, is there a better compliment on a life well lived?

We should all be so honest and open, regardless of our perspective(s) and beliefs. We should remember that as we disagree, we all nonetheless remain part of a community, a critically important community. That is true whether we can recognize and appreciate our personal scope, role, or contribution(s) or not. 

Rest in peace, Dr. Burton. Thanks for the memories, the analyses, the conclusions, and the questions. Thanks for the rigor, the discipline, and the impact you had on this community. 

Rest in peace indeed. May the wind always be at your back. 


*Horace Middlemier is a figment, a foil, an "everyman." He is a recurrent character in my posts about a world in which some seek exposure, and others prefer obscurity. The name is oft used when I lack permission to identify by name. 

Tuesday, August 25, 2026

Half-Way through WCI 2026

The WCI 2026 opened with a splash. There were incredible opportunities yesterday and big crowds. The enthusiasm in this workers' compensation community is nothing short of inspiring. There are greetings in the hall, conversations both passing and in-depth, and a myriad of ideas, inspirations, and thoughts. The breadth of people involved in workers' compensation across the country is inspiring. 

Even before the opening, Sunday was an amazing day. I had the chance to listen to a young person describe their personal journey to adulthood. It was a public meeting, but I still won't name the speaker. This story was about an adolescent who lost a parent to a work accident tragically, instantly, and prematurely. 

I have known of this student for years. I recall when their Kids' Chance application first arrived. There were questions of eligibility and geography. Kids' Chance invested then, and here, about ten years later, I heard the story again, in front of 150 people. It was just as compelling and amazing as the first time. 

The student described being a bit down as they contemplated finances and the struggle to finish college. They found Kids' Chance by chance while Googling options. Then they got a call, and there was some money to support their effort to finish a bachelor's degree. 

Kids' Chance stuck with them through graduation and then a master's. The student found that first job, got a promotion, and so much more. A youth challenged by tragedy has fought their way to a life and a future and is paying it forward for new Kids' Chance recipients today. It was awe-inspiring. 

At the Sunday Moot Court Judge's luncheon, I got to meet a student from Florida State University School of Law. He had driven down at the Dean's invitation and volunteered at the Moot Court. A law student engaging in our little community. I was thrilled he is among the intrepid group signed up for the first FSU workers' compensation class in several years. The interweaving of this community is inspiring. 

I got the chance to pop into the room for the Professional Mediation Institute Sunday. There was great attendance, but particularly so for a Sunday. 

This was the first year that I happened to catch some of the Moot Court participants leaving the building. These were the students who would not progress to the final round Monday. There was understandable disappointment on some faces. I wanted to tell those students how fortunate they are to have even participated and progressed to the quarter-finals. They were obviously discontent, but I am hopeful they give themselves some well-earned praise for progressing so far and making the trip. 

I am persistently grateful for Judge Jacqueline Steele, Tracey Hyde, Esq., Amie Deguzman, Esq., and Elaura Hodges, Esq. There is a lot of history and experience on this Moot Court Committee. Their dedication and commitment to our future, tomorrow's lawyers, is awe-inspiring. 

The OJCC Meet and Greet drew over 150 people. The crowd was loud, gregarious, and engaging. I got to speak to so many workers' compensation professionals. And there were many young faces. This community needs young people who want to engage it, manage it, and make it their own. There were so many of those present. 

We proceeded into Monday with an opening session that recalled so many like it over the years. There is recurrence in workers' compensation. We like our predictability. The information changes, the concerns reiterate, but there is always change, challenge, and an amazing degree of intellectual engagement, curiosity, and conversation. 

The opening included recognitions of volunteerism and engagement. The Kids' Chance Golf Tournament raised record money, despite most golfers being driven inside by an Orlando thunderstorm late in the round. Those golfers were engaged and animated as thanks were delivered, but the place was quiet and attentive when the speech above was delivered.

I popped into some of the Professional Mediation Institute (PMI) Monday, and the crowds were massive. Standing room only was noticeable on multiple presentations there and various other programs. Overall, the presentations were well-attended and engaging. There were lots of opportunities for questions, conversations, and perspectives. 

The Statewide Judicial Nominating Commission met Monday afternoon. They nominated Judges Holley and Young for reappointment. That is gratifying. There are challenges to the judicial role, and a periodic pat on the back from a group who has reviewed your performance is reassuring and even flattering. 

Perhaps the best session of the day was the Regulator's Roundtable. That event was amazingly attended. Frank McKay, a member and former Chair of the Georgia Board, moderated a diverse and diffuse spectrum of topics. I have studied workers' compensation law for decades, and I learned interesting new things through this session. Learning is a lifetime commitment and benefit of this community. 

The National Association of Workers' Compensation Judiciary closed their day with a reception. It inducted former President Sheral Kellar into its Hall of Fame. What a collection of scholars and servants! Then, Hon. Tim Conner (TN) was presented with his credentials as a Board Certified Adjudicator, an earned and auspicious accolade. The NAWCJ does so much to benefit the challenge of adjudication and those who work at it so diligently. 

The young and young at heart hit the Monday reception and concert. The original band cancelled, but suitable replacements were substituted. The music was louder than us old folks might like, but quite enjoyable. The food was likewise delicious.

I sit this morning and reflect. There have been great events and opportunities. I am most grateful for the conversations. Thanks to all who engaged. I am proud of the unheralded breadth of people who have invested months in building and organizing this extravaganza. 

In all, an auspicious Sunday and Monday. I won't rain on that football celebration's claim to primogeniture, but this WCI program is indeed the definitive article. I am proud of the history here, but more importantly, I am grateful for and impressed by the many people who make it happen, make it worthwhile, and keep it real.  

Onward into Tuesday. 

Sunday, August 23, 2026

Live from WCI 2026

 Live from WCI in Orlando. 

There are a few who note their attendance at the annual Workers' Compensation Educational Conference (WCEC) that has become shorthanded over the years to FWCI (fah wik ee), "WCI" (wik ee), and even "comp camp." 

I began attending in 1992, which would mean 2026 would be 35 years. It has been 25 years at this venue apparently (see photo), but I think it was fewer. Can I be that ancient? 

Time flies. That said, I have missed two WCEC. The first year I presided in Pensacola, I was confronting a monumental backlog of petitions. 

My predecessor there quit hearing trials in May of 2001 in anticipation of his predicted November 2001 retirement. He explained that this way he could make sure he got all of his trial orders issued before leaving. The preposterousness of that still resonates today. 

Trial orders taking months? To make it worse, despite the 6-month trial hiatus, he still left me a couple of unruled upon trials to retry. Nonetheless, I elected to remain focused on the work that next August.

Later, I had a calendar conflict and missed another conference. But I am here in ORL this year for my 33rd iteration. Others approach their 40th and more. Their battle cry is “remember the Dutch Inn.” If you get that, you are one of them.

The weekend is about community. Saturday was all Give Kids the World. The WCI has driven thousands of hours of labor at that miraculous venue, and built so much community in the process.

But Sunday is the Kids’ Chance golf, and those volunteers worked through Saturday night preparing and rechecking. They are incredible. Golf? Sure. But this is a gathering, community, and brings people together. 

Sunday is the PMI (see my Suggestions), but also Moot Court. Students come from across the country, at WCI’s expense, to compete; this is a unique program—the only moot court judged completely by judges. Community and commitment!

The WCI opening session is tomorrow, Monday, August 24. The Industry Keynote with Kimberly George and Mark Walks will strive to foreshadow the next decade and our challenges with resilience. If you start here, make sure you conclude Tuesday with the Strategies for Change on the NWCR program, with Jennifer Jones and her panel. What bookends!

Monday will be a hectic day filled with commitments, meetings, and learning. By the time most attendees wander to the big Monday reception, I will have reached a point of exhaustion. I will seek a sandwich and a nap.

My picks for the day were published WCI 2026 - Dave's Suggestions (August 2026). I get some grief on that -- “who are you to pick?”  But these are my suggestions; if yours are different, publish yours.  

Stay tuned here for a recap early Tuesday, and thoughts on the last two days, Tuesday and Wednesday. 

Thursday, August 20, 2026

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!

5:00-6:00The Annual OJCC Meet and GreetThis 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).

09:50-10:45—The Industry Keynote—The Next Decade of RiskThis program features prognosticators and analysts. See Kimberly George and Mark Walls navigate an expert panel through the coming trends and challenges. (Palms Canary).  

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
Kimberly George
Mark Walls
Pamela Brann
Shaun Jackson
Hunter Johnson
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


Tuesday, August 18, 2026

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:
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.
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




Sunday, August 16, 2026

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.
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.
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




Thursday, August 13, 2026

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:
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









Tuesday, August 11, 2026

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