Monday, October 8, 2012

The Florida AWD Website


I came across an interesting story recently in the Florida Current that described the two year journey of the Agency for Workforce Development in developing a new website. The article describes how consolidation into the new Department of Economic Opportunity necessitated an overhaul, "creating a content management system to manage jobless claims" and to integrate the web presence.

Perhaps this is not news, or perhaps it only interests those of us valiantly struggling with the challenges of keeping pace with the ever-changing world of technology. The article notes that "so far" this website redesign  has cost about three quarters of a million dollars. Coincidentally, it is that time of year and the OJCC is in the process of preparing to publish the statutorily mandated annual report to the legislature. That report will note between the OJCC deployment of e-filing in 2005, through the end of the last fiscal year (06.30.12), users have saved about $1,310,177 through use of the e-JCC platform and e-filing. I note this because to date, the OJCC has not spent an aggregate of one million dollars on the entire e-JCC platform. 

Coincidentally, the Florida Supreme Court is moving forward with electronic filing. In an opinion of June 21, 2012, the Court adopted rule amendments characterized as "a significant and important step toward our goal of a fully electronic court system."  The opinion reiterates the Court's 1996 conclusion that the "judicial branch was rapidly moving into the information age." The Court adopted electronic filing and electronic service, see SC11-399 and SC10-2101. 

For the last two years, we have discussed the next step in the development process of E-JCC, e-service. Deployment of this tool has been frustrated by vacillation in a plan to centralize state e-mail systems. There was a plan for such centralization, and we held-off deploying e-service in anticipation of our migration to a new e-mail platform. Last legislative session, that centralization plan was scrapped, and we learned that the OJCC would remain on the existing e-mail platform. Since that decision, we have arranged to upgrade our e-mail capability, both hardware and software, and strengthen the system that will be the foundation of e-service.

The implementation process now draws to a close. The OJCC is ready to deploy the e-service tool for which you have been waiting. The OJCC is not a court. The Office of the Judges of Compensation Claims ("OJCC") is not part of the Florida Judiciary which is created, defined and regulated by Article V. of the Florida Constitution.  Jones v. Chiles, 638 So.2d 48 (Fla.  1994); see also, Millinger v. Broward County Mental Health & Risk Mgmt., 672 So.2d 24, 27 (Fla. 1996).  The OJCC “is not a court of this State because it is neither the supreme court, a district court of appeal, a circuit court, nor a county court.” Amendments to the Florida Rules of Workers' Compensation Procedure, 891 So.2d 474 (Fla. 2004). Furthermore, the Supreme Court concluded that it "has no authority under the Florida Constitution, nor has this Court ever had the constitutional authority to promulgate rules of practice and procedure for” the Office of Judges of Compensation Claims. Amendments, at 479. 

The Legislature historically delegated the authority for adopting procedural rules regarding workers’ compensation to the Florida Supreme Court, see,  Fla. Stat. §440.29(3)(1993).  Pursuant to that delegation of authority, the Court adopted procedural rules in 1979.  In 1994 the Legislature mandated in Fla. Stat. §440.45(5)(1994) that the OJCC "promulgate" rules of procedure, to supplant and replace the procedural Rules adopted by the Supreme Court.  In 2001, the Legislature mandated that the Office of the Judges of Compensation Claims to "adopt" such rules, and stated the Supreme Court Rules shall govern "until the rules adopted by the OJCC pursuant to this section become effective."  Fla. Stat. §440.45(2001).  On February 23, 2003, the OJCC did enact procedural rules, designated 60Q-6.101, et seq.  The statutory mandate for the OJCC  to adopt rules was recognized by the Supreme Court in declining to adopt amendments to its  Rules of Worker's Compensation Procedure, and in repealing those rules in 2004 as an “unconstitutional encroachment on the power of the executive branch to adopt rules of procedure for its own agencies.” Amendments, at 479.  

E-Service for the OJCC will not proceed down the path selected by the Supreme Court. Their choices and rules (the Rules of Judicial Administration) are logical and are designed to meet the needs of the vast assortment of parties and litigation which the Florida Courts service. The OJCC, however, has different needs and requirements. One of these is the methodology for leveraging the electronic paradigm to decrease litigation expense, specifically in the requirement of certified mailings. Therefore, practitioners will need to remain conscious of the differences between civil practice and workers' compensation. One will be the manner of email address maintenance. Another will be the "five days for mailing" differences. Each will be addressed specifically in coming posts. 

The new OJCC Rules will be published soon. Watch the OJCC website for details, or follow us on Twitter for instant updates as we continue to work to make this paradigm a reality for you. 

1 comment:

  1. One circumstance that may result in the availability of pill mills is that orthopedic surgeons performed surgery on patients when it was profitable; and these procedures, performed in mass across the country, often did more harm than good. This practice left worker's compensation patients with the need for pain medication resulting from surgery on top of work related injury. From a liability point of view, these orthopedic specialists refused to do pain management for the patients they harmed. Thus, family practice physicians willing to prescribe medications to patients they would not otherwise have financial benefit to became open to operating as "pill mills." And, in ironic contrast, family practice physicians (as opposed to specialists) are profiting from detoxing patients from these very addictions. Previously, to save money, worker's compensation claims administrators did not demand the psychiatric components of pain management. This allowed for claims with class II narcotics to be prolonged in the system. Without coordination of care between orthopedic and psychiatric specialists, patients can became addicted to pain medication. These patients are subsequently forced into "pill mill" detox and dropped from the worker's compensation system. I think pressure should be placed on third party claim's administrators and the like to include psychiatric care when class II narcotics are prescribed past the AMA timeframe for medical necessity at the original time of injury.

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