A deadline nears on April 22, 2022. Actually, two deadlines near. In short, this organization is in a transition marked by various long-standing district offices ceasing. Counties are being relocated to other districts, workload is shifting, and it is an interesting and exciting time of change. That is likely unsettling for some. See Consolidation, Mediation, and Remuneration (March 2022) and Consolidation Plans (March 2022).
Two deadlines near, for applications as either judges of compensation claims (x3) or state mediators (x2). There are two judicial positions posted in Orlando and one in West Palm Beach. The two mediator positions are regional and there is potential for any of the state mediators to work remotely and provide mediation through the video Zoom platform; therefore, these positions might be in either Orlando, Tampa, St. Petersburg (Central Florida) or in the West Palm Beach, Ft. Lauderdale (South East Florida) areas.
It is new. It is different, and it is now. Early in my blogging career, I penned Baseball, Hot Dogs, Apple Pie and Chevrolet. (July 2013). There, I noted
"change is part of our lives. While we may find comfort in the way things were, or our perceptions of the way things have always been, the truth is that there are few constants in the world, and our industry."
In 2019, I penned The Experience on our Bench (December 2019), and noted the fluctuation we have seen regarding the cumulative experience of those who serve as adjudicators. This illustrates change and evolution in the makeup of the OJCC bench.
We have seen some judges serve with astounding longevity. Alan Kuker served for ten terms, forty years. I know that seems unique, and it is indeed notable. However, Judge Daniel Lewis has recently been reappointed and has served since 1988. When he next faces reappointment in 2025, and hopefully he will then seek yet another term) he will have served 37 years. Longevity remains, and he may yet surpass the Judge Kuker record.
When last I looked, only about 21 JCCs have ever served in excess of 20 years. The history of this agency has been far more dominated by judges serving shorter careers here. That 21 includes Judges Lewis, Anderson, Medina-Shore, and Langham. Roughly 20% of the longest-serving (that 21) judges are on the OJCC bench today. This role can readily be a long-term career choice. A great many more judges serve ten years or more.
The Governor's recent reappointments were very broad. Governor DeSantis reappointed 17 Judges in a single group. The vast majority of those recommended for reappointment were afforded another four year commitment. In short, the odds on reappointment and the opportunity for long-term service are outstanding. How many law firms provide the certainty and stability of providing someone a four-year commitment? There is stability and continuity in the role of Judge of Compensation Claims and stability.
After years of languishing salaries, the Judges of Compensation Claims will enjoy a significant pay increase in 2022. The salary adjustment has been a long time coming, but the process is now in place for more regular attention to this detail. The pay will not equal that of County or Circuit judges, but the new $160,000 figure is significant and evidences the judge's service is valued and appreciated. Certainly, one would make more in private practice, but the bench is a calling, a service, and a privilege. There is value here.
Challenge? There are challenges, daily challenges. The world is a complex place, and workers' compensation is an intricate and sometimes convoluted little corner of the world. The questions that we are confronted with are a tribute to the ingenuity and intellect of the amazing lawyers who practice in this niche. Every little nuance and conflict in the law, medicine, and employment are brought before us as the parties seek the outcome that their respective argument supports.
Disputes? There are many. Trials continue to occur, but the frequency is perhaps decreasing. More cases seem to be settling, and the focus of many seems to be on issues other than remediation, rehabilitation, retraining, and reemployment. It is possible that those issues are more likely to take care of themselves than in decades past, but it is also possible that settlement is the easier path out of conflict with some measure of money being the right answer for all involved.
However, disputes remain. Some of the smartest attorneys I know practice in this little corner of the law. They are creative and imaginative. They bring well-organized, complex, and detailed disputes to trial. Unfortunately, some lawyers periodically bring half-baked, ill-conceived, or poorly defined disputes (in regard to both claims and defenses). Each category requires exceptional judicial intellect, patience, research, and effort. This is a challenging job in which there is rarely a dull moment, and there are daily intellectual challenges.
Change? The world is undoubtedly changing. The law is seemingly evolving. See It's Not That the Wind is Blowin' (June 2021). The world of medicine is changing, as is the economy generally. The world of work is undergoing transformational change, as is the practice of law. The work and practice worlds are in the midst of new demands such as Zooming, telecommuting, management of remote staff and more presenting challenges. The world is changing; so is the OJCC. Not more or less, but changing.
The fact is that this is a new and exciting time. It is a time in which the OJCC needs the best and the brightest in order to thrive. I am proud of the many judges with whom I have served in my tenure here. Admittedly, I have had some animated conversations with a some. I have disagreed about the law with a few. I have certainly perceived some to have had an easier time adjusting to this role than others, but similarly, I have witnessed great efforts in adapting and adjusting to this role. As I pen this, it occurs to me that I have likely supervised or practiced before well over 100 of those who have served as Florida JCCs. But, that will be a great topic for another day.
This Role. It is at various times, in a nutshell, exciting, intriguing, challenging, changing, routine, surprising, exhilarating, vexing, and in a word wonderful. It is a great job, which multiple judges have noted is the best they have ever had. See Perspectives on Being a Judge (April 2015). Unlike the practice of law, in which one might be economically constrained as regards legal research, the Judge of Compensation Claims can follow threads in the law, solve puzzles, explain distinctions, and bring certainty to workers, employers, and the community at large. It is, in short, a calling. Will you answer?
The mediator role is no less challenging, intriguing, and complicated. Those who thrive on facilitating compromise, conversation, and solutions could likely find no better profession. The OJCC mediator is busy, challenged, and in many instances revered. Our mediators help thousands of people to determine their own outcomes every year. They face workdays that include those intriguing challenges, legal conflicts, and evidentiary dilemmas. They provide a service and value that is undeniable and critical.
The deadline for Judicial applications is April 22, 2022. The details for applying are here. The mediator application deadline is also April 22, 2022, and details are available here for Central Florida and South East Florida.
I encourage you to apply. I am at your disposal if you have questions about either role and how you could fit into this team.
