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Tuesday, April 9, 2019

A Reminder of Success

In March 2018, WorkCompCentral reported that $9 Million E-Filing System Continues to Have Problems. It was a reminder that Florida has indeed been fortunate in the development and deployment of electronic filing. 

The Florida OJCC deployed electronic filing (e-JCC) in 2005-06. That first month so long ago, November 2005, we had two documents filed. Not bad for a rollout that was "soft." We never told anyone we were rolling it out, we let them discover it on their own. The expansion was slow (December = 15 documents filed, January = 40, February = 34) and our programming and development team was patiently patching and revising. It was an adventure to say the least. 

The OJCC was fortunate to have an existing database system that was initially developed for the Division of Administrative Hearings (DOAH) in the late 1990s. When the OJCC became part of the DOAH in 2001, plans were made to adapt that program for managing workers' compensation litigation. I remember vividly how many people told me it could not be done. They were confident that "this e-filing thing" was folly at best.

In 2017-18 the OJCC had 582,762 documents electronically filed. Certainly, there were a few hiccups along the path to today. And, there is room for improvement. We are persistently advised by users of existing functions that they believe can work more effectively. Periodically, a user proposes a downright inspirational change. And, there are the occasional downtimes when software or hardware is adjusted or replaced. However, the system is generally there 24/7/365 to serve our thousands of registered users.

Through the years, we have gone from voluntary e-filing to mandatory. We have added an e-service. We have added the capability to view mediator calendars to facilitate rescheduling. We have persistently and steadily improved the platform. Notably, the total investment to date in the OJCC electronic filing platform is about $1.3 million. Over 18 years, that is about $80,000 annually. Imagine what we could build with 7 times that, or $9 million?

Compare that $1.3 million spent to the savings enjoyed by the system users. The 2018 OJCC Annual Report notes that "cumulative end-user savings to date" are  "at least $3,948,679." The savings enjoyed by the state as a result of this innovation is at least $5,609,007." The combination of user and agency savings is over nine million dollars. The savings are about seven times the investment. Not a bad financial return. And, that return does not include the convenience of access to all the OJCC records with the click of a mouse. We have not spent $9 million, but our relatively minor investment has saved that much. 

But Kansas is experiencing growing pains. WorkCompCentral reports Kansas invested five years and $9 million in its case management and e-filing platform. This was to facilitate electronic filing of claims and automatic service of notices "to all parties involved." The recent story reports that the system "continues to frustrate users on a daily basis." Not that e-JCC cannot be frustrating. We have had our issues and our challenges. But, our price per challenge has perhaps been lower. 

A Kansas attorney interviewed by WorkCompCentral reported recently spending "three hours . . . just trying to correct the name of the employer.” Others complain that the system, named OSCAR, sometimes "forgets" to send out notices and reminders to the parties. Other times, it gets the date of an event wrong. There are complaints of challenges both in uploading information or documents and in getting information back out. Those are likely growing pains. They are likely unavoidable. Hopefully, the Kansas users will persevere through those challenges and emerge into a new era soon.  

Some perceive improvement in Kansas, but others claim OSCAR "has not gotten any better.” The system has been live only since November 2018. That is a fairly abbreviated period. Obviously automating something with so many moving parts is a challenge. OSCAR currently "has about 2,000 users and is handling about 5,000 pleadings" according to the software's developer. How often it handles 5,000 pleadings is less than clear from the story. The 582,762 documents uploaded to e-JCC last fiscal year would yield about 11,000 filings per week or about 1,600 per day. 

There are specific criticisms in Kansas. Lawyers want flexibility in various forms. They complain that "the system is too rigid." Others complain that the system makes errors. One cited a recent situation in which a carrier "was inundated with hundreds of automatic emails." I have worked with similar complaints. Admittedly, we have had some exciting days in which the e-JCC program made some interesting decisions. Always, though, patience and focus have seen us through. I believe that Kansas will likewise prevail through continued effort and the help of its marketplace of attorneys, carriers, and more. 

It is easy to criticize. I would caution, however, that nothing worthwhile ever came without effort, focus, and cooperation. The challenges will not necessarily be easy, but perseverance will see Kansas through just as it did in Florida and various other states. But, as I reflect on the challenges that they are now confronting, and the criticisms voiced in the article, I am reminded that Florida has so much for which to be grateful. 

As we proceed into the future, let us hope that our continued innovations and upgrades will all be without controversy or dissent. Then, let's be honest with ourselves and admit that is not realistic. So, instead, let's decide now that progress is inevitable and desirable. With that in mind, we should all commit to a positive and cooperative process for identifying how the e-JCC system can evolve and expand to the benefit of all, recognizing we may trip a few times along that path. 

Thanks to all our users, and the DOAH IT team that has been the heart and soul of the programming development. But also special thanks to our OJCC Counsel and Clerk's Office for all of their development, testing, patience, and effort. Without this fantastic and engaged team, we could never have come so far, and delivered such extensive user savings, at such an incredible minimal price. 

I am grateful to our team and thank our users. I encourage those struggling elsewhere to be patient, supportive, and proactive. Change will come and it will be good in the end.