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This post is adapted from the 2019-20 Annual Report of the Office of the Judges of Compensation Claims (“OJCC”), published pursuant to section 440.45(5), Florida Statutes. The measures documented for fiscal year 2019-20 portray an agency which has persistently leveraged technology and methodically transitioned to greater awareness and acceptance of the benefits of digital docket management and document processing. Today, this Office clearly remains among the most efficient and proactive Florida agencies.
The various OJCC Annual Reports issued since 2002 memorialize the struggles this agency historically experienced with data uniformity and reporting. This 2019-20 report reiterates significant improvements in the collection and reporting of data and in the processes involved with adjudication of workers’ compensation disputes in Florida. Despite budget reductions, personnel turnover, and legislative change, this agency has persevered over the last eighteen years, including pioneering electronic filing and electronic service. The OJCC adjudicatory functions are as transparent as any known, and more so than many.
Leadership is critical to exemplary performance. The OJCC of the twentieth century historically operated as a loose confederation of independent judges deployed throughout the state. In 2001, the OJCC was moved from the Department of Labor and Employment Security (“DLES”) to the Division of Administrative Hearings (“DOAH”). There are a great variety of cases which the DOAH is charged with processing and adjudicating. By contrast, the OJCC focus is strictly workers’ compensation benefit disputes. Despite these marked jurisdictional differences, there have been significant synergisms affected by the similarity of the core service rendered through each adjudication process. The concepts of docket management, document processing, and the transition to a twenty-first century digital platform, are all areas in which the core missions of the DOAH and the OJCC are significantly similar.
The judges and mediators of this agency have evolved. They have embraced the benefits of technology over the last fifteen years. Their collegiality, team-focus, and dedication to the whole of the OJCC have been instrumental in this agency becoming what it is. The OJCC of 2020 is nimble, flexible, and adaptable. This was apparent before COVID-19/SARS-CoV-2 and the pandemic has merely accentuated the appreciation and admiration for these dedicated public servants.
The Florida Legislature requires an OJCC state mediation within 130 days of the filing of a Petition for Benefits (PFB). In each of the last twelve fiscal years (2008-09 through 2019-20) 100% of the OJCC mediators achieved an average time to mediation within that 130 day statutory parameter, though some individual cases required more time. The overall averages prove that this agency remains effective at processing incoming litigation, providing overall timely delivery of mediation services, and effectively documenting these efforts. The overall effort of the OJCC mediators has been exceptional. The performance reported herein is a clear indication of their team-first attitude, and focus on serving the public.
The Florida Legislature requires final orders to be issued within 30 days of the trial. Extensive efforts have been required to succinctly and uniformly define “trial,” which have been described in prior OJCC Annual Reports. The OJCC defined key terms in 2006, including “trial.” These efforts toward definition and standardization in the collection and reporting of data resulted in uniformity and consistency. Circumstances necessitated revision in 2016 of the “trial” definition. The OJCC data collection is not perfect, and errors are accepted as a consequence of human involvement. However, significant improvement has occurred and continues. In 2006-07, about 58% of trial orders were entered in less than the 30 day statutory period. With the more restrictive 2016 definition of “trial,” trial orders were entered within the 30 day parameter 94.18% of the time in 2019-20. Instances in which the order is delayed are significantly related to circumstances beyond the judge's control, such as instances involving statutorily-mandated appointment of an Expert Medical Advisor.
The economy and budget continue to challenge this agency. Consistently, the Legislature calls upon this agency to “do more with less,” and the OJCC has consistently heeded that call. Despite budget and staff reductions, the OJCC has continued to innovate. The OJCC has been a leader in electronic filing as a service to its customers. In 2011 the Legislature recognized the efficacy of electronic filing and the success of the OJCC filing system. SB170 rendered eFiling mandatory for represented parties in workers’ compensation proceedings. Even prior to the legislative mandate, the OJCC had mandated electronic filing in the Rules of Procedure for Workers’ Compensation Adjudications. As a result, the volume of incoming U.S. Mail dwindled in 2010-11 and OJCC receipt of U.S. Mail is now uncommon.
Electronic service of documents through the OJCC eFiling system became common practice in 2012-13. The savings to our customers were immediate and profound. The combination of eService and eFiling consistently saves system participants, injured workers, employer/carriers, and attorneys about $1,000,000 annually. In fiscal 2019-20, the “registered employer” process was added to the database. This rolled out with three employers and is expected to expand rapidly in 2020-21.
The DOAH pioneered the use of video teleconference systems (VTS) for trials throughout Florida. Those efforts initially utilized equipment in the DOAH Tallahassee facility connected to remote VTS facilities maintained by the Florida Department of Management Services (DMS). In 2006-07, the OJCC and DOAH began jointly deploying VTS in the 17 OJCC District Offices. The deployment of this equipment has continued through 2019-20. All OJCC District Offices currently have at least one VTS unit installed, and several offices have two or more. This technology empowers the OJCC to shift workload among the 31 JCCs, and to accommodate judicial disqualifications and recusals. This innovation is focused, flexible, and delivers value to the people of Florida through reduced travel by JCCs and ALJs from the DOAH, and greater flexibility for redistribution of work among the JCCs.
When pandemic struck Florida in 2020, the existence of the VTS facilities was foundational, but not sufficient for adequate response. There was reluctance by some attorneys and others to attend any proceeding in an office environment. The world of business shifted to an Internet-based videoteleconference paradigm virtually overnight. The OJCC adopted the ZOOM platform. The community familiarity with the VTS likely eased the transition to this Internet platform. In the final months of 2019-20, the majority of trials conducted by Judges of Compensation Claims were through ZOOM or similar technological tools. And, with some hiccups and challenges, the process of adjudicating cases moved forward without significant interruption.
Mediations were directed to telephonic process in March 2020. Some state mediators transitioned to telecommuting based upon personal perceptions of the potential impact of the COVID-19. In May, the system transitioned back to discretionary telephonic mediation appearance. However, by July the ongoing public perceptions and the time required by vast numbers of individual requests for telephonic appearance led the OJCC back to mandating telephonic appearance. That has remained through the first half of fiscal 2020-21 (December).
It is noteworthy that while the pandemic has impacted operations, the OJCC has maintained schedules and continued essentially uninterrupted. Anecdotally, there are reports from other jurisdictions that suggest trials there have essentially ceased. There are jurisdictions that have struggled with electronic document submission and processing, long adopted in Florida. There are jurisdictions that have struggled with adaptation to a video methodology. The challenges have been many. The foundational investments in technology, however, have facilitated the Florida OJCC persevering and progressing through those challenges. There is no backlog of cases, no overall delay in the delivery of due process or case progress.
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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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