WC.com

Friday, March 29, 2013

The National Association of Workers Compensation Judiciary

The National Association of Worker's Compensation Judiciary (NAWCJ)(www.nawcj.org) was founded five years ago. Many people may have seen the logo, but are not familiar with this effort. In forming the NAWCJ, we recognized that there was no educational institution focused on the issues that face workers' compensation adjudicators. When a new constitutional judge is appointed or elected in most jurisdictions, there is a "judge college" which she or he must attend within a short time thereafter. Not so for most, or perhaps all, workers' compensation adjudicators. 

As troubling, there is little in the way of specific adjudicator continuing education for workers' compensation adjudicators. This subject matter is  usually addressed by a very small group of adjudicators in each state. Typically, workers' compensation adjudicators are employed specifically for such claims and housed within a state's workers' compensation commission or board. These agencies have minimal resources for adjudicator training and education. In the world of workers' compensation, modernization and education have always been a budgetary challenge.

Certainly, there are a multitude of  educational seminars conducted around the country. Many are state-specific, which may be helpful for substantive legal issues. Many are medical, which certainly help us better understand mechanics of injury and new testing or treatments. What is missing in these programs and seminars, however, is a focus on the role of the workers' compensation adjudicator. States have Commissioners, Comp Judges, Administrative Law Judges, Deputies, Hearing Officers, Benefit Review Officers, and more. With all of these varied titles come varied responsibilities and authorities. The role of a workers' compensation adjudicator, with all of the nuances implied by these titles and responsibilities, is varied. 

Unlike most constitutional judges, workers' compensation adjudicators are both finder of fact and holder of law. Workers' compensation systems may have more pro-se litigants than are seen by constitutional judges. Workers' compensation systems may have different evidence standards than are used in constitutional courts, and may have multiple standards depending on the type of claim or whether all parties are represented. Workers' compensation statutes are often complex, sometimes self-contradictory, and seem to be constantly amended. 

In short, the job of a workers' compensation adjudicator is unique and challenging. 

The NAWCJ seeks to fill the educational void with adjudicator education, specifically for adjudicators. In 2013 the NAWCJ will offer its fifth annual Judiciary College in Orlando. The program will include participation in the Earle Zehmer Moot Court competition on Sunday, August 18, 2013, followed by educational programming Monday through Wednesday, August 21, 2013. Topics will include judicial ethics, evidence for judges, medical evidence and documentation, and effective judicial writing. Perspectives will be shared, and knowledge will be imparted. Attendees will have ample opportunity to discuss their personal challenges and perhaps will hear how colleagues have already addressed such challenges in distant jurisdictions. 

Over the three days of instruction, adjudicators from across the country, eighteen jurisdictions last year, will hear from exceptional speakers, with a specific focus on adjudicating workers' compensation matters. Each year, the goal is to present a better program than the previous year. To date, the NAWCJ has consistently delivered on that goal. 

The success of the NAWCJ is the result of the efforts of our board of directors and officers, and the members. Any adjudicator is eligible for membership, and the application is in every issue of the Lex and Verum, available on the website

With consistent significant help of Workcompcentral, the NAWCJ publishes this newsletter monthly. Workcompcentral publishes the ins and outs of workers' compensation across the country  daily.  The breadth and scope of their coverage or workers compensation is both vast an unparalleled, and they graciously allow the NAWCJ to pass a small sample of their news to our members each month. 

The Workers Compensation Institute (www.wci360.com) has provided an astounding level of support for the NAWCJ. The WCI provides the venue for each annual educational seminar, and has provided significant financial support in establishing the NAWCJ. Through their efforts, we are stronger and can offer a consistently exceptional educational program for adjudicators. 

Attorneys and others involved in the world of workers' compensation are welcome to join as Associate Members. The NAWCJ is grateful for the financial and moral support of so many attorneys, and others.  

The time is ripe for an organization serving to facilitate both education and collegiality among the adjudicators of workers' compensation claims across the country. The NAWCJ has undertaken that role, and the momentum is building. With the help of so many, the NAWCJ is here today. If you are an adjudicator or know an adjudicator, pass this along!