From the Bar Section Chair

LET US BE THE LEADERS OF PROFESSIONALISM, CIVILITY AND HUMAN KINDNESS

We are in the most difficult time any of us have ever seen in our lifetime. We must raise our professionalism standards to the highest level. We must all work together to weather the COVID-19 storm. Please be cooperative and civil to each other. Work hard to resolve issues quickly and efficiently. Injured workers need benefits and employers and carriers need resolution to the cases. We as attorneys can and should set an example of professionalism, civility and human kindness for the community.

We should not engage in “gamesmanship” or any other tactic thinking you might gain some advantage. We should not be engaging in unnecessary litigation or delay tactics. Do not put anyone’s health at risk. If possible, cancel or reset depositions or just let everyone appear by phone or videoconference, including the court reporters. We can and should resolve cases and issues by doing as much by phone as possible. Be cooperative in rescheduling and granting extensions.

We all have families and lives outside of the workers’ compensation world, and our families, our health, and our lives are more important than any case. Be kind and compassionate as many are suffering. Be safe and protect your health for the sake of your family, your staff and most importantly, yourself. There are many people counting on all of us as we are all in this together. We will get through this and it will change how we live our lives forever.

Glen Wieland, Chair

Florida Bar Workers’ Compensation Section

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COVID-19 Update

On March 14, 2020, Judge Langham directed all state mediators to conduct mediations telephonically through March 27, 2020. 

Following reassessment of the current situation, that direction shall continue through April 30, 2020 (Thursday). The situation will be reassessed daily in the interim, and further communication will be forthcoming.

Upon assessment of the situation and progress, the mandate of telephonic mediation was extended April 24, 2020 through May 17, 2020 (Sunday). 

Upon further evaluation, the mandate of telephonic mediation was extended through May 18, 2020 through May 31, 2020 (Sunday).

The conduct of hearings, appearances for hearings specifically, remain in the discretion of the assigned judge. If a party wishes accommodation (telephonic appearance) or continuance, the appropriate course is to seek relief from the judge, Rule 60Q6.115. 

Your patience is both acknowledged and appreciated. 

03.24.20; Updated April 6, 2020; April 27, 2020; May 14, 2020.

This email was sent by State of Florida, DOAH, OJCC, located at 1230 Apalachee Parkway, Tallahassee, Florida 32399 (USA). To receive no further emails, please click here or reply to this email with "unlist" in the Subject line.

Effect of Local Government Orders

Updated 032520 03:37 ET

There are many questions that have been asked. How does the Miami Mayor's order affect the OJCC? How does the Broward order affect the OJCC? Which OJCC Offices are open?

The easiest is the last. All OJCC offices are open for business. Two are not allowing the public inside right now as they are in state-owned buildings. The Port St. Lucie/Fort Pierce office is open, but the public cannot enter. Similarly, the Miami office is open, but the public may not enter. 

The Broward County business closure order is here. This order, on page 8, clarifies that it does not affect "any State or Federal office."

The Miami business closure order is here. This order on page four clarifies it does not affect "any State or Federal office."

The Gainesville Business closure order is here. This order on pave 9 clarifies that it "does not affect or limit" "any state of Federal office or facility.

The Orange County closure order is here. By its terms, this applies to "retail and commercial businesses." The State of Florida Office of Judges of Compensation Claims is neither of these. This Order does not affect the operations of this Office.

Hillsborough County has not ordered a "stay at home" as of this time. OJCC operations in Hillsborough are not affected. 

Leon County has issued "stay at home" not "shelter at home" order. No effect on businesses, but on gatherings.  OJCC operations in Leon are not affected. 

It does not appear that Duval County has entered a closure order beyond the direction to close beaches.
It is important to remember that various individuals are dealing with challenges. Those may relate to health, care giving to children or others, or building closures at someone's business. The community that is Florida workers' compensation needs to remain proactive, flexible, and professional as we all strive to get through this situation.

What if a different city or county enters such an order? We will wait to read that order to decide how it might constrain OJCC operations or employees.

Internet Platforms for Conferencing

The COVID-19 is reducing the ability to participate in face-to-face interaction. The use of Internet to engage in depositions was described in a recent post regarding Remote Swearing of Witnesses. This allows a person to be sworn when they are not in the presence of a notary public or court reporter. That post generated some questions regarding software that could be used to engage remotely in a deposition while viewing the witness. 

The following are suggestions that may be of benefit to practitioners. There is no endorsement of these products, this is merely a list of suggestions that lawyers may wish to investigate. 

1. WebEx: 

- Free.

- Can be accessed through an Internet Browser OR can be downloaded on a device.

- Can be downloaded on an Apple or Android device (IPhone, IPad, Samsung Phone).

- Up to 100 people can be in the call at a time.

- Meetings will only last up to 40 minutes (with the free version).

2. Zoom: 

- Free.

- Can be accessed through Internet Browser OR can be downloaded on to a device.

- Can be downloaded on an Apple or Android device (IPhone, IPad, Samsung Phone).

- Meetings will only last up to 40 minutes (With the free version).

3. Skype: 

- Free.

- Can be accessed through an Internet Browser OR can be downloaded on a device - go to web.skype.com to access the Internet Browser version.

- Can be downloaded on an Apple or Android device (IPhone, IPad, Samsung Phone).

- Meetings appear to not have time limits. 

- Up to 50 people can be in the call at a time.

4. Facetime: 

- Free.

- Can only be accessed on Apple devices.

- Very easy to use- Don’t have to download any apps or access any website to use. To do a Group Facetime you can either call one person first and add people as you go OR start a group message and Facetime everyone at once.

- Up to 32 people can be in a call at once.

- No time limits.

5. Google Hangouts:

- Free.

- Can be accessed through an Internet Browser.

- Can be downloaded on an Apple or Android device (IPhone, IPad, Samsung Phone).

- Likely must have a Google account (such as a Gmail or even having a YouTube account).

6. Microsoft Teams: 

- Free.

- Can be accessed through Internet Browser OR can be downloaded on a device.

- Can be downloaded on an Apple or Android device (IPhone, IPad, Samsung Phone).

- Must have a (free) Microsoft account.

COVID-19 All OJCC Mediations Temporarily Telephonic

The Florida Supreme Court has issued Administrative Order 20-13. The Courts are encouraging remote access appearances, suspending deadlines, etc. I have attached it for your convenience. This is directed at the Courts, not the OJCC (an Executive agency). It is, however, informative and the Court's logic and reasoning are appreciated. 

The Commissioner of Education Friday ordered Florida schools closed for two weeks. That will be a burden/stress on many. 

Judge Langham has directed all state mediators to conduct mediations telephonically through March 27, 2020 April 12, 2020 (amended March 25, 2020). The situation will be reassessed daily in the interim, and further communication will be forthcoming.

The conduct of hearings, appearances for hearings specifically, remain in the discretion of the assigned judge. If a party wishes accomodation (telephonic appearance) or continuance, the appropriate course is to seek relief from the judge, Rule 60Q6.115. 

Your patience is both acknowledged and appreciated. 

03.14.20

This email was sent by State of Florida, DOAH, OJCC, located at 1230 Apalachee Parkway, Tallahassee, Florida 32399 (USA). To receive no further emails, please click here or reply to this email with "unlist" in the Subject line.

Corona Virus COVID-19

There is ample information in the news regarding the novel coronavirus, COVID-19. The following information may be of assistance however:

The Florida Department of Health is providing current information on Florida cases. 

On March 1, 2020, Governor DeSantis issued Executive Order 20-51 empowering the Florida Department of Health to take remedial measures. 

If you have traveled abroad, particularly to China, Italy, Iran, or South Korea, the Department of Health recommends that you "self-isolate for 14 days." 

The extensive resource kit regarding COVID-19 is available on the Department of Health website. 

Critical provisions to remember: 

The Judge of Compensation Claims can preside remotely using VTC. 

60Q6.116(4) "The judge may conduct any proceedings using video teleconference equipment approved by the OJCC. In the event that testimony is taken by video teleconference, administration of the oath by the judge during the proceeding is as binding as if the judge and witness were physically present in the same room."

Telephonic participation is within the discretion of the judge. 

60Q6.116(3) "The judge may conduct any proceedings by telephone conference. Testimony may be taken by telephone with the written agreement of all parties or approval by the judge. In such event, the oath shall be administered in the physical presence of the witness by a notary public or officer authorized to administer oaths, unless the parties stipulate to administration of the oath telephonically by the judge or the judge determines good cause exists for the judge to administer the oath telephonically."

The appropriate method to seek relief from the judge is a motion. 

60Q6.115(1) "Any request for an order or for other relief shall be by motion and shall have a title describing the relief requested. The judge may treat any request for relief from an unrepresented party as a motion. All motions shall be in writing unless made on the record during a hearing and shall fully state the relief requested and the grounds relied upon. Any document referenced in any motion shall either have been filed prior to the motion or be attached to the motion."

The assigned mediator may allow any party or attorney to appear by telephone. 

60Q6.110(5)(a) "The adjuster, if represented by counsel, may attend the mediation by phone unless an objection is filed with the mediator on the basis of good cause. The mediator shall have discretion to allow any party and/or that party’s attorney of record to appear at the mediation conference by telephone upon the party’s written request furnished to the mediator and the opposing party or, if represented, the party’s attorney of record no fewer than five days prior to the mediation conference. The expense of telephonic attendance shall be borne by the person or party attending by telephone."

The Deputy Chief Judge can waive mandatory mediation. 

Section 440.25(2): "(2) Any party who participates in a mediation conference shall not be precluded from requesting a hearing following the mediation conference should both parties not agree to be bound by the results of the mediation conference. A mediation conference is required to be held unless this requirement is waived by the Deputy Chief Judge."

The circumstances or cause (COVID-19) may be singular. However, there are a myriad of circumstances that affect workers' compensation disputes periodically. The action therefore remains similar: identify issues or complications, file a motion to accommodate or alleviate them.