WorkCompCollege.com Study Hall 

Curriculum: Workers’ Recovery Professional (WRP) 

Course: File Resolution Foundations 

School: Claims 

Faculty: Hon. David Langham 

Deputy Chief Judge of Compensation Claims, Florida OJCC 

David W. Langham is Florida Deputy Chief Judge of Compensation Claims, a position he has held since 2006. His legal experience includes workers compensation, employment litigation, and medical malpractice. He has delivered in excess of 1,500 professional lectures, published over 40 articles in professional publications and has published over 1,500 blog posts regarding the law, technology, and professionalism. He has been an adjunct instructor at University of North Florida, Pensacola State College, University of West Florida (a combination in excess of 55 semester classes taught), and has guest lectured at Barry University School of Law and Florida State University School of Law. David is a student, a teacher, a critic, a coach, and a leader. He lives in Pensacola, Florida with his wife Pamela Langham, Esq. 

Why did you choose this subject matter to teach? 

There is a tendency to focus on a “claim” or a case number. That is not unexpected nor inappropriate, it is an organizational and practical short-cut. However, each incident is not a number or label, it is a person. The foundation for claims resolution begins with recognition that this is not “another knee,” but a specific person’s knee. That person is a conglomeration of inborn and acquired needs, desires, and predilections. Successful resolution is built on the foundation of understanding where each person is coming from, what is influencing her/his perceptions or conclusions, and how compromise or conciliation can be brought to benefit all involved through timely collaboration or expeditious claims determination. Whether conciliation of adjudication, the collaboration of the parties will be advantageous and helpful. 

Why is this subject matter important to Work Comp stakeholders? 

The payers tend to seek closure as it brings certainty. For the same reason, injured workers favor closure. The challenges lie in understanding the nature of disagreements, finding common ground where possible, and negotiating the points that are irreconcilable. On the points of irreducible conflict, there must be either compromise and conciliation or a viable path to adjudication and resolution. 

How does your content help further a workers’ recovery mindset? 

There are those who thrive on conflict and focus on victory. Some are more entrenched, focused beyond victory to vanquishing. Some thrive on conflict and others on closure. It is critical that those who would resolve disputes come to understand the nature of those in any particular situation, accept their motivation regardless of perceived merit, and strive to remember that the best outcome in any dispute is likely one that is somewhat disappointing to each, but also somewhat satisfying. 

What are 5 takeaways or action items for students? 

(1) Know the personalities in the situation and appreciate what they hope to gain. 

(2) Focus on collaboration toward win/win outcomes that can benefit all involved 

(3) Concentrate on minimizing acrimony and confrontation if you seek resolution. 

(4) Conciliation starts with common ground. Find it. Recovery, return to work, restoration of function, and compensation.  

(5) Remain credible, if you cannot answer say so. If you cannot give ground, say so, but do not misstate, mistake, or mislead. Collaboration is a team effort. 

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