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Thursday, October 24, 2019

When I was Stronger

Rod Stewart sang Ooh La La back in 1973. I heard the song back then, but unfortunately was also convinced back then that I knew everything already. Didn't we all? The lyrics of the song include:
"I wish that I knew what I know now, When I was younger.I wish that I knew what I know now, When I was stronger."
The lyrics resonated with me recently as I engaged in a conversation with a workers' compensation legend who is several years my senior. I was struck by various points made in the conversation. Some thoughts expressed perceptions of success in the world of workers' compensation, while others lamented failures or shortcomings more generally over a long career. In some ways, the discussion left me with an impression of "these kids today," but did not rise to a "get off my lawn" level. Perhaps it is as natural to doubt the next generation as it is to doubt the last one? 

I have reflected on that conversation repeatedly in recent weeks. I have struggled with the conflict between our individual growth, our individual grasp of history (that which we lived and that which we learned, or failed to), and the inescapable evolution or change of the world around us (some of which we notice and some of which we miss). Without a doubt, the world is changing around us daily. Today, every school student carries a computer around to game and text. Those smartphones are vastly more powerful than the computers NASA used to place humans in orbit and on the moon. But news this week is that scientists have just made the next (literally) quantum leap. The new Google computer will supposedly do in seconds what would take our current "supercomputers" years. 

This recent conversation raised issues of history. What if we had known what we know now in 1991 when the "sharp increase in the prescribing of opioid and opioid-combination medications for the treatment of pain" began? What if we had known in 1979 the significant factual evidence challenges that would present in litigating "wage loss" benefit claims? What if we had known what we know now regarding various medical innovations over the years that proved less than effective, and in some instances downright injurious? What if we had known? What if?

If the implications of actions could be clearly discerned by foresight, could we make better, or at least better-informed, decisions? It is arguably so. But, in reality, we instead make the best decisions we can based on the information that we have and our best predictions of the probable outcomes upon which we have settled. We listen to experts, their opinions, their prognostications, their best guesses, and their arguments. And, through the course we thus chart, we will eventually find ourselves at a destination of our own direction. While that may be influenced over time by happenstance and our fellow travelers, we nonetheless each have influence in charting our course. 

That was a significant part of the retrospective of this workers' compensation legend. There was recognition that becoming involved in workers' compensation was largely happenstance. The field of workers' compensation had not been a life-long dream that inspired the legend's path to law school (was it for any of us?). The happenstance of employment at various firms, departures of attorneys in firms, and the resulting acquisition of workers' compensation responsibilities were described. The variations in this legend's home state workers' compensations statute, and the resulting demands on the practice, particular firms, and clients influenced this legend's path through, and dedication to, workers' compensation over a career. 
"I wish that I knew what I know now, When I was younger."
The conversation included multiple "if I had known" references. There were "I wonder if I had _______ instead" mentions. There were expressions as to whether young lawyers today are interested in workers' compensation, are drawn to the practice, or are really any different from this Legend in the resulting drift or draw into a career so focused upon this narrow little corner of the law. The Legend asked a question that was significantly the same as Rod Stewart's suggestion; if I could go back and rechart the course of a long career, would I?

This is likely not a productive reflection for any of us who are long in the tooth (old). We cannot go back, and that mental exercise therefore will not aid us. Would our reflection aid anyone? Is there value in our advice to those who are young in this community of workers' compensation? Could we provide foundation or solace to those who today find themselves postured in either the beginning of a long path or perceive themselves as temporarily detoured into workers' compensation as they strive to regain some other path? Or, would our advice today lack relevance due to our inherent inability to predict where the next thirty years will take us?

The mention of advice reminded me of a line from "The Sunscreen Song," by Baz Luhrmann:
"Advice is a form of nostalgiadispensing it is a way of fishing the past from the disposal, wiping it offpainting over the ugly parts and recycling it for more than it's worth"
Through this long conversation, I discerned much about how a career path in workers' compensation might be viewed in retrospect. This legend had regrets, reservations, and cautions. But, overall, the sentiment was one of gratefulness for the intellectual challenges and community spirit of this practice over decades. Notably, the practice today is not what it once was in the legend's perspective ("these kids today"), but the retrospection was still overall positive. 

As I have reflected, I wonder whether the legend was merely reminiscing, or whether she/he perceived me as one of "these kids." I question whether we were peers sharing retrospect and reflection, or whether this legend was really trying to tell me what my next (last) twenty years in this industry may bring in terms of perspective, experience, and thoughts. I have elected to take the conversation as some of both. And, I write today to note the power of advice and reflection of others. 

I appreciate the nostalgia and the advice. I accept that today I clearly do not know it all, and that I must continue to learn and grow daily. I realize that in the 2030s I could still be round this industry and community. I may very well say then, I wish I had known back in 2019 what I know now. But, the simple lesson from my great conversation with this legend is that my only hope is to try, knowing that in the end I will get much wrong, make multiple mistakes, and fail to even see some things coming. In the end, looking back, perhaps that is what makes it interesting, and worth living through to begin with? 

That little trip down memory lane was positive for me. I can only hope that legend realizes how much. I think Baz got this bit wrong,  you cannot "recycle it for more than it is worth," because that advice and retrospection by our peers and elders is simply priceless (even when we do not pause to ponder what they say and relish in the value). What are you doing today for the next generation in this practice, industry, and community?