Back to the Forum

I wrote about the 2021 Forum. See We're Really Back (April 2021). It was a great event, with many of the expected programs and presentations. I am privileged and honored to be repeatedly invited to participate in the Current Trends in Workers’ Compensation panel on Track 2. In 2021, that was largely devoted to the perception, predictions, and curiosities of the Court’s analysis in Valcourt-Wiliams v. Sedgwick. Mr. Rogner provided an overview then that formed the foundation of our discussion. See It's not That the Wind is Blowin (June 2021). My attempts to (then) predict the future may or may not be worth consideration in the present day (which used to be the future); Mike Myers has perhaps helped us all understand time travel).

A year has passed, and here we are at the Forum again. I ran into Stacey Hosman as the Forum set-up was underway. She shared that close to 600 people are attending this year! There will be much to learn and so many with whom to learn it and share it. Notably, Valcourt-Williams will not be a discussion in the Current Trends this year. However, it will undoubtedly be part of the discussions in "Compensability of Accidents; Mental and Nervous Injuries," "Heart Attacks (Other than Presumptions) and Internal Failures" with Mr. Winer and Mr. Turner on Thursday morning, the "Case Law Update" Friday morning with Ms. Gilmartin and Mr. Touby, and in the "View from the Appellate Perspective" Friday morning with Mr. Rogner and Mr. Porcher. 

While the last year has brought some explanation of the “arising out of” analyses, questions remain. One of the cases set for oral argument at the Forum centers on an “arising out of” decision that is thought-provoking and interesting. Some focus on the court's latest analyses and distinction building over the last year is perhaps inevitable this year. See More Explanation of Arising out of (February 2022).

The Current Trends in Workers’ Compensation panel that kicks-off Track 2 Thursday morning includes Hon. Jacquelyn Newman, Attorney Dawn Traverso, and Attorney Kimberly Syfrett. This is a blockbuster panel and a "must see," which will focus on the practice and procedure of workers’ compensation, with particular emphasis on the application of the procedural rules in Chapter 60Q of the Florida Administrative Code. The rules were recently amended effective February 14, 2022 and while the changes were not as broad as some had sought, there are points about which practitioners and litigants should be aware. Though those rules were published over a month ago, and announced in broadcast emails and blog posts, I am periodically surprised by those who do not know of the changes.

Also included in the program are the usual vast assortment of topics and discussions that are critical for the competency of this community. Workers’ compensation is an ever-evolving challenge for those involved in the risk management, claims management, medical, and legal professions. The program promises edification on the perennially challenging exposure and occupational disease claims that were highlighted in the age of COVID. There will be discussion of the seemingly mundane but often vexing average weekly wage calculation, bad faith claims, fees and costs, presumptions, permanent total disability, medical care delivery, major contributing cause, Social Security, and much more. This program is an excellent opportunity for novices and experts to hone skills and gain perspective. The complete program and agenda are available for download, and the only real challenge will be in picking among the many options. 

The First District Court of Appeal will hear two oral arguments. One centers upon questions of “arising out of.” The trial order being reviewed is available here; Case number 19-20798. Notably, the style at trial was Bouayad v. Value Car Rental and Normandy Insurance. The style in the appellate court is Normandy Insurance v. Bouayad and Value Car Rental. That is a curiosity perhaps. The second case being argued is Casey v. City of Hallandale Beach Police, Case number 19-022520, regarding PTSD, and the trial order that is being reviewed is available here. Oral arguments in this setting are an outstanding opportunity for the community to understand the scope and process of appellate review.

Undoubtedly, there will be much conversation about the future of the OJCC at the Forum. The recent announcement of office consolidations and changes to the mediation process will likely raise questions and discussion. The currently advertised judge and mediator positions may likewise be of interest to attendees. 

Currently, we are seeking applicants for two mediator positions. One in Central Florida (Orlando, St. Petersburg, Tampa), and the other in Southeast Florida (Ft. Lauderdale, West Palm Beach). All of the state mediators, including these new positions, will soon have the discretion to conduct mediations using Zoom video technology either from one of our District Offices or in a telecommuting paradigm. Applications for these positions are available on People First, at the links above. The deadline to apply is April 22, 2022.

The judicial positions currently posted are in Orlando (x2) and West Palm Beach. Applications for these positions are available on the OJCC website, and instructions for applying are in the Nominating Commission Notice. The deadline for application for the Judicial positions is also April 22, 2022. Thus, approximately two weeks remain for completing and submitting applications. 

In all, the Forum 2022 promises to be a great outing. I look forward to seeing you there! If you have questions about the judicial or mediator vacancies, I hope you will stop me and ask. Or, email me at david.langham@doah.state.fl.us. 

By Judge David Langham

Courtesy of Florida Workers' Comp

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