Langham: Consolidation, Mediation and Remuneration

Friday, April 1, 2022 | 0

The rumor mill is an active and intriguing place. A few rumors trickle back to me periodically. This post addresses some that seem pertinent and popular recently. 

Judge David Langham

A great deal is changing in the world of Florida workers' compensation disputes. Through a combination of legislative action and regulatory efforts, there is much to report now and the potential exists for additional change in the future. There is truth to the rumors that some district offices will be consolidated soon. There is truth to the rumors of a significant pay increase for the judges. There is truth to the rumors of a change in the mediation process. Read on for further details. 

When the Office of Judges of Compensation Claims was transferred to the Division of Administrative Hearings in 2001, there was significant angst about how that marriage might work. In retrospect, it has been a very effective union and there have been many economies of scale that worked to the benefit of this community, attorneys, injured workers, employers and more. One concern was centralization. Because the DOAH administrative law judges were all Tallahassee-based, there was premonition and anxiety about the potential for an effort to centralize the JCCs similarly. Twenty years later, that has not come to pass. 

In that 2001 legislative session, language was added to Section 440.44 to prevent such centralization. In 2022, this language was removed by Senate Bill 2516:

The 22 Office of the Judges of Compensation Claims shall maintain the 23 17 district offices, 31 judges of compensation claims, and 31 24 mediators as they exist on June 30, 2001.

That bill was ordered engrossed and enrolled on March 14, 2022, and will be presented to the governor in days to come. There is no plan, nor even sentiment, to centralize all the OJCC judges or operations in Tallahassee. 

However, the DOAH has initiated a plan to consolidate several district offices. At this time, plans are being implemented to consolidate four district offices: Gainesville, Lakeland, Melbourne and Port St. Lucie. The details regarding alignment of the counties in these districts are posted on the Announcement Blog. Judge Timothy S. Stanton will continue to preside over claims but will be headquartered in Jacksonville. Judge Robert R. Arthur will continue to preside but will be headquartered in Tampa. 

Mediation will change, and that change may be more widespread. The OJCC will transition to a single schedule for mediations. This will mean each mediator will be on the same timetable for mediation. That will enable more ready coverage by fellow mediators as needed. They will be allowed to work remotely but will conduct mediations using Zoom rather than telephone. This is a critical point: "allowed." It is likely that many live mediations will remain the norm, but some portion of various mediators' calendars will move to this remote paradigm at her/his individual discretion. 

This Zoom paradigm will afford the parties to each case the opportunity to see and be seen. Of course, the mediator may allow parties to phone into the Zoom conference, but the mediator will strictly use the video system. In conjunction with the consolidation effort, mediators Oneill Martinez (Lakeland), Bryce Schmidt (Gainesville), Mark Hauber (Melbourne) and Dawn Hayes (Port St. Lucie) will remain valued and appreciated members of the OJCC team and will continue to meditate, but by using the Zoom platform. 

The parties to any case may prefer a live mediation. If mediation is noticed for Zoom, any party may request that it be changed to an in-person appointment. Further, any party may request that a live mediation be changed to Zoom. Those decisions will rest with each mediator. Live mediations will continue in the various remaining district offices. In this process of consolidation, the OJCC is currently seeking to add two mediators to the team. These will be based in southeast Florida and central Florida. Those links are to the People First system, which provides more information and facilitates the application process. Applicants should be cognizant of the Zoom paradigm and be ready and willing to learn to adapt and adopt that process.

Finally, it is hoped that the JCCs will receive a significant pay increase in 2022. This was announced in the Florida Bar News on March 18. The bar notes that these judges are the "unsung heroes," though it also misidentifies them as part of the "court system." Our judges are indeed a great group of professionals. Throughout this pandemic, it was their efforts as leaders that effectuated the uninterrupted and persistent delivery of service. 

The mediators and staff likewise deserve great appreciation and respect for their perseverance and dedication through this. What could have been a crisis (and in many states was, in fact, a crisis of canceled proceedings and stalled process) was largely just another day at the office for these incredible OJCC team members. The judges, mediators and staff did not falter, stumble or fail. The process meant workers and employers had disputes resolved or adjudicated, the practice of law continued and the people's business proceeded. I cannot overstate how proud I am of each of them. 

The proposed judicial raise is 24% and will adjust for significant inflation in recent years. The OJCC annual reports for several years have highlighted the impact of inflation and our challenges with recruiting judicial applicants. The article notes Director Peter Antonacci's acknowledgment of the legislative team that accomplished this effort:

... Senate Budget Chair Kelli Stargel, R-Lakeland, and House Budget Chair Jay Trumbull, R-Panama City, and their lieutenants, Sen. Ben Albritton, R-Bartow and Rep. Cyndy Stevenson, R-St. Augustine, for championing the division’s request during budget negotiations this year.

This, of course, is a budget item. We are most appreciative and are hopeful that this portion of the budget receives the governor's approval.  

David Langham is deputy chief judge of the Florida Office of Judges of Compensation Claims. This column is reprinted, with his permission, from his Florida Workers' Comp Adjudication blog.