Happy New Year 2023

                               

Reflecting on 2022, it was a tumultuous year of change. The year started badly with the passing of Judge Robert Dietz. on January 8, 2022. That caught us all by surprise. We found ourselves in Orlando for a celebration of life, clad largely in purple (the Orlando City soccer team colors), and lamenting the passing of one of our own. What a troubling way to start a year. 

February, as usual, brought many of us together in Tallahassee for the OJCC/WCI Winter continuing education program at the Florida First District Court. It was an outstanding program. Coincidentally, the program will be presented again this February, and details are here. Will I see you there? 

The Legislature adjourned in March 2022. In its deliberations regarding the budget, it had removed the statutory protection for the OJCC District Offices. Senate Bill 2516 removed the constraint from section 440.44. The bill passed on March 14, 2022, and Florida workers' compensation will be forever changed. On March 30, 2022, the OJCC posted plans for eliminating various offices, euphemistically referred to as consolidations. 

April brought the annual Workers' Compensation Forum in Orlando. It was a rousing experience. In Back to the Forum (April 2022), I expounded on the very palpable enthusiasm with which crowds had returned in the aftermath of COVID, its impacts, lockdowns, and isolation. April also brought announcements of applications for new JCCs.

May brought the interviews for those positions and an assortment of outstanding applicants. May also brought the closures of district offices in Lakeland, Melbourne, and Port St. Lucie. Lakeland transitioned largely to Tampa, Melbourne was split between Daytona and West Palm Beach, and Port St. Lucie was transitioned to West Palm Beach. 

June concluded the office closures. News came late in the month from Governor DeSantis regarding judicial appointments. Judges Case, Jacobs, and Sancerni were named. A course was set for the evolution of the bench that occurs whenever there are transitions and changes.  

July brought the departure of the Director of the Division of Administrative Hearings. Having instigated the legislative changes of 2022, and initiated the path of office closures and culture change, an announcement of resignation came in July without warning. 

August revolved around the annual WCI conference in Orlando, as Augusts do. Years ago, I confronted a retiree at that conference and inquired, essentially, "what are you doing here, you are retired." The retiree replied, "its August, this is what you do." 

September brought Ian. He was uninvited and largely unexpected; he was utterly and completely unwelcome. He arrived with a fury and tempest that was incredible. There are a great many storms in Florida's history, but a few will remain with me forever. Ian was one of those. The Mediation and Settlement Report was published, with edification for all. 

In October, the planning for the closure of District Gainesville was refined and finalized. This would be the fourth of the consolidations spawned by the Legislative changes in March. October brought recovery from Ian and many efforts of attorneys to recover from its many disruptive effects. Discussions began regarding amendments to the procedural rules. 

November should have been quiet but brought the final closure of District Gainesville. There was a meeting of the Nominating Commission in Orlando, with the renomination of four JCCs, and three candidates for the new (fourth) JCC position in West Palm Beach (to accommodate the workload from closures in Melbourne and Port St. Lucie. As it does each year, November brought the publication of the OJCC Annual Report, and all that entails.

December brought the announcement of Mediator Alan Gordon's retirement. The OJCC began the process of seeking applicants to both replace Mr. Gordon and to augment our team. The Jacksonville workers' compensation Inn of Court announced honors for both Mr. Gordon and Judge Humphries.

I sit on January 1, 2023 and reflect on a tumultuous and in many ways devastating 2022. There was much to lament and for those who are capable, to regret. It is perhaps in regret of yesterday that we find our greatest motivation for tomorrow? There were endings, beginnings, and challenges. As a whole, 2022 will be remembered for much. 

I also reflect on our losses in 2022 and have perused many lists. It is common to recall various individuals of fame and fortune at year's end. I learned this year that Wikipedia includes such lists, and I added Judge Dietz to that listing. I was surprised by how many of the rich and famous names of which I had no knowledge, recognition, or recollection. I am, as I age. truly detaching from the world it seems.

The deaths in 2022 that will really remain with me include only a few. There were four college students in Idaho I will never forget. There were nineteen students and two teachers in Texas. There were many without names that succumbed to Fentanyl and other similar substances. There were a fair few who passed alone in the blizzard of the century. There were too many who perished at work, see Happy Memorial Day (April 2022); CNN reported on what will perhaps be the final such tragedy in 2022, an airline worker in Montgomery. They all deserve recognition.  I will remember Judge Dietz and his quiet yet persistent contributions to this little corner of the world.

Sure, there was a monarch half a world away. There was an Australian singer. There were a couple of genuine pioneers in the societal struggle for equality and civil rights, though theirs were contributions of action more than words. There was a comedian that made a living smashing fruit, and more actors, athletes, and politicians than could be listed here (The NY Times listed them so I won't try). The Times labels these the "notable" examples. I find their characterization more troubling than I can convey.

One might find it odd that the most newsworthy, those shining young people in Idaho, did not make the Times list. Those innocent and precious students in Texas did not either. For some reason, tens of thousands who passed from drug overdose also were omitted, as were those who froze in New York. Those killed by Ian likewise escaped the notice of the so-called Grey Lady. And, critically, where is the acknowledgment of the many who died in 2022 from their work? I am troubled by our focus on the rich, the famous, and the portrayal that their passing is somehow more important than so many that are so much more worthy of our remembrance. 

Welcome to 2023. The present beckons and the future is ours to seize. I am grateful for much in 2022, not the least of which that I survived it. I am grateful for my readers, this community, and the many opportunities. In 2022, I celebrated my 1,500th blog post. I celebrated ten years of penning these thoughts. And, I seriously contemplated retiring this blog (______ talked me out of it). I completed my memoirs in 2022, more on that in some future post. 

I am hopeful that 2023 brings you all that you hope and wish for. I pray that science and leadership will somehow bring us relief from the opioid epidemic. I wish for our full return to the halcyon days of pre-COVID, pre-Ukraine war, and pre-runaway inflation/recession. Can it really be less than three years?

May 2023 bless you in the ways that you desire. May we all come to appreciate more the important people whose passings do not merit mention in the New York Times. May we remember them, and their contributions to our society, our community, and our world.

Happy New Year 2023. May it be your best yet.

By Judge David Langham

Courtesy of Florida Workers' Comp

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    About The Author

    • Judge David Langham

      David Langham is the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims at the Division of Administrative Hearings. He has been involved in workers’ compensation for over 25 years as an attorney, an adjudicator, and administrator. He has delivered hundreds of professional lectures, published numerous articles on workers’ compensation in a variety of publications, and is a frequent blogger on Florida Workers’ Compensation Adjudication. David is a founding director of the National Association of Workers’ Compensation Judiciary and the Professional Mediation Institute, and is involved in the Southern Association of Workers’ Compensation Administrators (SAWCA) and the International Association of Industrial Accident Boards and Commissions (IAIABC). He is a vocal advocate of leveraging technology and modernizing the dispute resolution processes of workers’ compensation.

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