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Much is changing in the workers' compensation community. One of the hallmarks of 2022, when our successors look back from the future, will be the amendments to Section 440.44 and the requirement of 17 district offices. The convenience and geography of those facilities had to be balanced against their cost. In 2022, the Legislature saw merit in the reconsideration of facility locations and the 17-office requirement was deleted.
Therefore, many will look back and remember that it was in 2022 that the District Offices in Lakeland, Melbourne, and Pt. St. Lucie were consolidated. Lakeland was split between Tampa and Sarasota, Melbourne was split between Daytona and West Palm Beach, and Pt.St. Lucie was integrated into West Palm Beach. That was a significant shift of resources and caused a rethinking of OJCC operations. The District Office in Gainesville will follow in fiscal 2022-23.
There will be those, 20 years down the road, that will remember the in-person mediation of their youth. They will reminisce about their trips to the comp office for mediation, the camaraderie, and collegiality. They will sound much like some today who feel the same about the "good old nineties" and the open motion calendar process employed throughout various districts. To be blunt, there was much social interaction in this practice, and the trend seems now to head a different way.
To be fair, many tried telephonic appearances at mediation for years. They asked for it, and often complained to me when permission was denied. There were those who doubted "telephonic" and lamented it often. Others, the proponents, pleaded for a chance. When they got it, some mediated from traffic or other distractions. The detractors/traditionalists most often seemed to prevail.
Then the Great Pandemic brought telephonic as a way of life. That is on me, and I accept the blame. I ordered the system telephonic in reliance on the best advice the consensus gatherers expressed. We rode the roller coaster of masking or not, do this or don't do that. We did our best, and the OJCC team performed admirably. But, when the time came to return to in-person mediation, no one wanted to return. The consensus was to ask for telephonic permission and the mediators tended to agree.
As part of our accommodation strategy for the long driving distances between the consolidated offices, the OJCC elected to shif mediation to Zoom beginning in earnest in 2022-23. Some experimented with it in 2021-22 and it is well-liked. This will facilitate attendance with less travel, expense, and hassle. But, everyone must focus, avoid mediating in traffic, and continue to get the job done. Issues and cases can be successfully resolved with remote mediation. We You have proven it.
In 2021-22 the vast majority of mediations were telephonic. And, the success rates reported recently are noteworthy. We saw another marked increase in the volume of Mediation Conferences Held (+3.4%) up to 20,109. The volume of petitions either “Dismissed” or “Resolved Prior” remained fairly consistent, a sign that the increase in mediations reflected the increase in petition filing.
The outcomes were even more impressive. All of the potential outcomes were improved in 2021-22, except impasse, which decreased markedly. To summarize: more mediations, more resolutions, fewer impasses. The
volumes were:
Settled 6,322 (+5%)All Issues Resolved 1,398 (+11%)All Issues Resolved but Fees 2,939 (+10%)Some Issues Resolved 2,907 (+6%)Impasse 4,143 (-7%)
The timeliness of mediation continued to be a proud point for this Office. One hundred percent of State Mediators averaged less than 130 days to the first mediation in a case. That marks the FOURTEENTH consecutive year that this metric has been met by the State Mediators. The overall volume of petitions that were mediated within the 130 days was a resounding 98.3%. That, as they say, is consistency and perseverance. (who are they? Well me. I say that and appreciate the hard work of the mediators).
Continuances for mediation increased, by 23. The total of all mediation continuances in 2021-22 was 137 across the state. That is a tremendous achievement, and some mediators recorded zero continuances. With 29 mediators, that is an average of about 5 continuances per mediator throughout the year. That is phenomenal and I know it comes from the effort and dedication of a great team. The future may become a bit more difficult in that regard as petition volume climbs. However, we are hopeful that our recent addition of another state mediator will
As the 2022-23 year progresses, our customers will see Zoom become the default for mediations. We will see the information for joining mediations listed in the postcard order that is issued for notice in every case. We will see more use of Signeasy, for remote signature on documents and expedited completion of the paperwork process. Much as we did with e-filing, we will see progress and greater efficiency. This is due in large part to the enthusiasm and patience of the customer (you) and to the mediators we are lucky to have.
Mediation was a success in 2021-22 by any measure. We anticipate it will remain so and improve further in 2022-23.
By Judge David Langham
Courtesy of Florida Workers' Comp
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About The Author
About The Author
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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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