WC.com

Tuesday, October 6, 2020

We're Back!

We are back!

Well, that is perhaps a little too much, too ambitious. But we are returning! I am excited this morning to be in Naples for the Florida Association of Self-Insureds (FASI) conference! Yes, you read that right, in Naples. This conference is "Live from the Beach," just like so many were of yesteryear (or even just last year). As SARS-CoV-2 invaded our serenity, speaking commitments were canceled. Many scheduled events were postponed, "went virtual," or just canceled. And, in some ways, that was positive. 

Travel is stressful, no matter how I do it. In recent years, I have striven to do it by automobile to conserve budget. We are making extra effort in 2020 because of the budget constraint from COVID-19, closures, and the economy generally. Yesterday, I drove 627 miles for the FASI conference and today it will be 627 back home (see "I'm in [Pensacola] when I'm not in some hotel"). And, it is worth every minute/mile of it. For the first time in months, I will gather with some of the workers' compensation community and we will dwell on "this life I've chose and come to know so well." (Leader of the Band, Dan Fogelburg, 1981). 

The interaction at these events is energizing. I see people at these events who are forthcoming and informative. There is something about the conference setting that lowers the inhibitions and I get questions, criticisms, and suggestions. I am most appreciative of the suggestions. We need to be, all of us focused on how we can deliver better for those who consume our products or services. To do that, we need to understand them, their challenges, and their concerns. We get that through our perceptions (come with our own filters), and we get it better straight from the horse's mouth. 

I enjoy making professional presentations. I have not checked the total recently, but I am somewhere around 1,200 that I have delivered over this career. I do not mind the recorded program, or the webinar, or the telephone. But, with each of those, I miss the faces, the audience, the reaction, and the interaction. I have delivered live lectures since COVID-19 arrived, today will not be the first. So far, I have discerned that the face coverings are almost as effective as the telephone for depriving me of that in-person feedback. (suggestion for Internet conference platforms: let me pick the attendee's image that I see throughout, so I do not have to stare at the frame with only initials/camera turned off). But, even with masks, live is still more in my wheelhouse, of my generation, and of my comfort level. 

What will we discuss today? 

I will be discussing litigation volumes in the Worker’s Compensation system, the impact of the COVID-19 pandemic, the attorneys fees reported in 2019-20, and the new employer electronica service initiative.

Litigation volumes in 2019-20 were trending slowly upward, and an approximation/prediction of moderately increased filings was sustained through the first three quarters of the fiscal year. In March the filings began to decrease, and later decreased more markedly. As a result, overall, the petition volume for 2019-20 was 72,086 (-1.4%).

New case filings were similarly predicted to show an increase in 2000 1920. However, new case filings similarly began to decrease late in the fiscal year, as COVID-19 became a prevalent impact on employment, – upon litigation. Overall new case filing decreased slightly in 2019-20 from 31, 751 to 31,224 (-1.6%).

A side effect of the decreasing litigation volumes was an increased focus on the closure of existing petition inventories. Petition closures rose from 73, 880 up to75, 003 (+1.5%).

Attorney fees seem to always capture attention. The total (combining claimant and defense fees) for 2019-20 was the highest on record, over 1/2 billion dollars. Claimant attorney fees increased in 2019-20 to $240,567,847 (+10.91%). Defense fees increased to $266,787,990 (+3.8%). The defense fees have a recent history of being higher overall than the Claimant fees. However, the difference between the two figures is narrowing.  

Finally, we will discuss COVID-19, the proverbial "800-pound gorilla." We cannot discuss Comp today without acknowledging this pandemic and the impacts it is having upon us. This is particularly true as we will be gathering in a live setting for the first time in many months. My expectations are high, and my enthusiasm is great. I look forward to this morning and am grateful that FASI included me in this effort.