A new process for has been developed. Electronic service for employers begins in August 2020!
The development of electronic filing (e-JCC) in Florida has been an evolution. Those who have practiced here since before 2005 will remember the days of paper, postage, and delay. The system was rolled out in November 2005, and participation increased rapidly. It was an adjustment for everyone, as paper became a thing of the past.
The evolutionary nature of this tool has been periodically frustrating. No one likes change. But, it is important to remember that change brings benefits, even if there may be some accompanying challenges as well. All of this leads up to the next big change for e-JCC, the “Registered Employer.” Many will remember when the OJCC similarly registered all of the carriers and servicing agents (C/SA) in Florida.
For a time, years ago, a party filing with this Office could type in the name and address of any C/SA she/he wished. As a result, our database had literally hundreds of iterations of some C/SA with only subtle differences in their spelling, spacing, or address. And, in that era, the filing party had to accomplish service on the C/SA manually (U.S. Mail or delivery) after filing.
Then the C/SA were "registered," each provided us email addresses, and was listed in the database. The parties could no longer add a new C/SA, but could always ask us to do so. Recently, we likely add about one per year. This was seen as a burden by many. They wanted to send their pleading to “XYZ Insurance” at the address the filer preferred, rather than the address supplied by XYZ Insurance. Of course, nothing prevents a party to a case today from mailing anything she/he wishes to anyone, at any address. But, the system had begun emailing the pleading to the C/SA at its registered address.
Carrier service was thus simplified. Time was saved (printing, folding, mailing), and so was money (paper, envelopes, postage). In fact, as to petitions for benefits, lots of money was saved on the petition for benefits which was then served by electronic mail (free) instead of by certified mail (expensive).
As the workers’ compensation community adjusted and adapted to that new paradigm, the Employer remained to be served by U.S. Mail. And, certified mail is generally required for the service of any petition for benefits:
“The employee shall also serve copies of the petition for benefits by certified mail, or by electronic means approved by the Deputy Chief Judge, upon the employer and the employer’s carrier.” Section 440.192(1).
Thus, even when the “electronic means” was approved for email service on the C/SA, the certified mail expense remains for the employer. Over a decade, I have struggled with how this Office might afford a method for electronically serving an Employer, while assuring receipt for the sake of due process. You see, the epitome of due process is that parties received notice and an opportunity to be heard. When that notice (petition) is not being sent by certified mail, it is important that it is being sent in a method that assures delivery. That was the driving force in the C/SA registration process.
It is likely impossible, but certainly impractical, that all employers in Florida would register for OJCC e-service. According to the Florida Division of Corporations, there were 439,528 registered businesses here in 2019. That does not include all of the businesses that are not incorporated. There are at least another 98,672 fictitious name registrations. The fact is, there are a great many employers in Florida and many may never have any workers’ compensation injuries to report. Expecting them to all register for OJCC e-service "just in case," is folly.
After many discussions, the OJCC has decided to deploy a new feature in e-JCC that will allow a filer to either type in an Employer name and address (leaving that filer responsible for the U.S. Mail service alternative), or to select a “Registered Employer” for their petition or new case filing. If the “Registered Employer” is selected, then the pleading will be served electronically on the employer at the same time it is e-filed and served on the C/SA. The selection of “Registered Employer” will save the filed time and money.
This new process comes with a system change. Currently, in the midst of filing a petition, if the filer makes an error while entering the Employer information, the filer can return to that data and make corrections. This will no longer be possible. If such an error occurs now, the filer will have to delete that employer information, begin that section again, and re-enter all of the Employer information, rather than merely amending their typographical or other error. Many hours have been devoted to why this is necessary, but in the end, there are limits to technology, and this solution is our best path forward.
Once the initial filing is made in a case, the Employer and its details will be part of the record (in the OJCC database). To change that, a party will have to file a notice for correction, just as they do today.
As time passes, it is hoped that many employers will register with the OJCC. These will be “Registered” and then be available for use by other filers in other cases. Each time an Employer is registered, that will change the Employer information on all cases in which that Employer is implicated. For example:
A petition is filed in case 21-000001 against Employer “FictionalOne.” The filer provides a mailing address for that company’s facility in Tamarac. Months later, “FictionalOne” registers with the OJCC and provides its email address for service. The database will change the Employer contact information in case 21-000001 to reflect the “Registered Employer” information for “FictionalOne” including the email address for service. This will be an evolving process.
The OJCC has commitments from some employers to be the first “Registered Employers.” These will be added to the system initially and will allow testing this new process in the real world. As time passes, additional Employers may request this status, and the list of “Registered Employers” will grow. We will never reach a point where all Florida employers are Registered. However, it is hoped that we will minimize the instances in which certified mail expense remains necessary.
This will be an evolutionary process. It will be new, and thus a challenge. But, it will be positive in the end. Employers that become “Registered” will not have envelopes to open and documents to scan for storage. They will receive information more rapidly than the mail can achieve. Injured workers will be relieved, in those cases, of the need to serve by U.S. Mail and Certified Mail. There will be savings and economies for all parties. But, there will be that slight change of not being able to amend a petition to easily correct a typo in the Employer data. It is a small price to pay.
The new process will begin soon, so it is something to both be aware of and to watch for.
