E-service Coming Soon

Things are running much more smoothly at the OJCC recently. E-JCC users are adapting to the new processes and tools, and for the most part seem to like the new e-JCC platform overall. The new platform is as different on the inside as it is on the outside. Certainly, the changes on the outside are more noticeable to the users. However, the changes on the inside allow the processes to run more efficiently and therefore faster.

That does not mean that we are finished. There are further innovations coming. Those familiar with other filing systems are used to uploading filings and enjoying a simultaneous service to opposing counsel or parties. We are moving in that direction. The process is a little more complex for the OJCC than it is in other settings. In civil litigation, a complaint is served on a defendant. Absent some amendment, this complaint process is a singular event in that litigation. Workers' compensation is not singular in most instances, but serial; a petition this month for medical care, another next month or next year for indemnity, perhaps yet another in two, three or ten years for follow-up care, a surgery, or permanent benefits.

These serial pleadings must be served on the employer, not just on the attorney that represents the employer. This is a critical difference that distinguishes workers' comp, at least in Florida, from other litigation. Although the statute requires service on the employer and carrier in some instances, such as petitions, there may be no reason for service of other documents upon represented employers and carriers in the course of litigation. I say "may be," because the possible situations in litigation are varied. There may be instances in which an attorney needs to copy the carrier, but not the employer or the opposite.

The details in the programming are evolving. What we anticipate though is a process that involves electronic mail for service of documents. Currently, orders entered by the Judges are not transmitted to attorneys, instead we transmit an email containing an electronic "document link." This link is notice that the document exists, and the recipient clicks on that link to open the document from our server, and the recipient may then save a copy of that document into your case management software or computer filing process.

This notification occurs automatically when the Judge uploads the order. We will be adapting the e-JCC system so that when documents are uploaded, that is "filed," by attorneys, adjusters and mediators, the same kind of email notification will be sent by the e-JCC system to opposing counsel. This is the basic e-service process.

Additionally though, during the upload process, the filing party will be able to add other persons upon whom they wish to serve a copy of the "document link." This will allow the filing party to include the carrier in those instances in which it is required by law, for example petitions. This will also allow a party to serve a copy of the document on their own client by electronic service, to simplify compliance with Bar rules that require attorneys to keep their clients reasonably apprised as to their case.

As part of this effort, the OJCC anticipates having carriers each register a single email address, such as "ojccmail@insurancecompanyname.com." This will ease the service process and empower each carrier to have a single address into which all communications from and through the OJCC will flow. Many times, during the course of litigation of a case, a file may be internally reassigned from one adjuster to another.  When that occurs, individual email addresses may become ineffective for delivering service to the appropriate adjuster. The single carrier "ojccmail" type of address will prevent such reassignments from preventing effective delivery and will facilitate effective communication among the parties. This will not preclude a user from manually adding an adjuster or risk manager's individual email address in the upload "filing" process, in order to provide an additional courtesy copy.

There are some documents that should be served, but which a party may not wish to file, at that time. To facilitate this, the OJCC will be providing our registered users access to the email addresses of other registered users. This will allow a party to look-up the registered email address, and to use that address in their own email program (like Outlook, or Outlook Express, or AOL, or Hotmail, or G-mail, etc.) to serve a document that they are not yet ready to file. This may include discovery requests, preliminary motion drafts upon which they wish to consult opposing counsel, etc.

Know that the OJCC is working hard to bring you the best e-filing system possible. Know that the recent upgrades to the e-JCC system were needed to prepare us for this improvement. Please understand that the OJCC believes that providing this email process will save practitioners thousands of dollars in postage expense.  We know you know how litigation works and we welcome your suggestions on this e-service process. Email suggestions or comments to me directly david_langham@doah.state.fl.us