Posts

Mandatory Data Coming Soon

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The Florida OJCC began offering alternatives for data submission in 2023. The response has been outstanding, and many attorneys already provide us with data points when uploading their Motions to Approve Attorney Fees and Child Support: We are building a similar form for attorney fee stipulations, which will be used for "side stipulations" that are filed in conjunction with settlements, and "interim fees" that are agreed to during the pendency of a litigated case.  The transition has been very successfully. The OJCC will be transitioning from this "alternative" to requiring the input of this information during the upload. This will hopefully be accompanied by streamlining of other processes so that the change will not result in long-term increase of effort for filers. The result will nonetheless make the OJCC approval process quicker and more efficient. 

Emergencies

Inclement weather may pose a risk of service interruption or office closure. It is important to remember a few contact points for those situations. First and foremost is the rule. However, there are many good sources of information. The Rule: Rule 60Q 60Q-6.130. EMERGENCY OFFICE CLOSURE (1) The Office of Judges of Compensation Claims is subject to closure pursuant to Gubernatorial instructions or declarations pursuant to Article IV, section 1(a) of the Florida Constitution and the Florida Emergency Management Act. (2) Whenever the Circuit Courts in the particular county in which an OJCC office is located close, due to a weather or other disaster emergency, the district office of the Office of Judges of Compensation Claims in that county shall likewise close for the duration of the emergency closure ordered by that Circuit Court. (3) Any unscheduled closure of an OJCC office will be published on the OJCC website, and through such other means deemed necessary by the Deputy Chief Judge. I...

Whitelisting, Calendars, and Resources

Website Resources In the www.fljcc.org site there is assistance with quesions. Visit the FAQ for information on filing, case number assignment, data base errors, Zoom tips, and more.  https://www.fljcc.org/JCC/FAQ.asp The Appellate Payment Process From the outstanding effort of our Clerk, Julie Hunsaker and IT Director Jeff Russell, and Operations Manager, Patricia Kenyon, you can soon use a credit card or bank transfer to pay for some elements of the costs associated with an appellate record. See the Announcement Blog for details. Practice Tip for Calendar Awareness With the recent Microsoft hiccup, there were lawyers who missed appointments because they lost contact with their electronic calendar. We know it is stone age, but printing a calendar periodically is a sound backup. And, whenever you wish, you can look at your schedule for all your cases in eJCC. Visit the FAQ section of the website, or follow this link:   http://devapps/JCC/resources/guides/attyschedule.pdf...

Tool for Removing your Profile

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Everyone knows by now that we each have to keep our e-JCC profile up-to-date, right. There is a post here with instructions and tips.  There are new features from time to time in the e-JCC program. Last year, we added the mediation tool. We also added the enhanced opportunities to check your schedule of events. We also reminded you of the ability to check your daily filings. This is all described in eJCC What a Tool?!? Now we have made it possible for you to delete your profile from our system. CAUTION, doing so will remove you from our database associated with any and all cases. That means that if you have not appropriately withdrawn from your cases or substituted another lawyer on those cases, your client may be prejudiced as you will no longer receive emails with service of documents.  The purpose of this tool is primarily for attorneys who pass away or who leave workers' compensation completely. We have not had many, but there have been a few and this new tool w...

How to Reschedule a State Mediation

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Back in the day, Emily Litella used to entertain us on the Weekend Update portion of Saturday Night Live. This character would appear as a citizen seeking to correct some perceived editorial position of the television network (a parody of the old Fairness Doctrine spots that some will remember). After rambling a bit about the subject of her op-ed, one of the Weekend Update anchors would interrupt her (not always as easily as they might wish) and correct some misconception in her premise. Emily was famous for her response line "oh, that's very different" followed by "never mind." I was reminded about Emily (actually Gilda Radner, rest her soul) in a recent conversation with an attorney. I was approached with a suggestion. As with many, the speaker led with "I don't know if it's possible, but what if we could . . . " The idea was essentially "what if we (the attorneys) could see a mediator's calendar in order to find a vacant appointment...

e-JCC Service Interruption 01.19.17

E-filers: We know some of you are having difficulty with eJCC today. The issues are sporadic, but we need to make a repair. To do so, we will be taking the database down at 1:30 Eastern Time today. The system will be unavailable at that time, and until further notice.  If you have a time-critical filing (notice of appeal, etc.) that absolutely, positively has to be filed today, and you do not have access to e-JCC restored before 4:00 Eastern Time, you may contact me directly, david.langham@doah.state.fl.us for further assistance and support. Our goal is to get the database back up ASAP for all of our e-JCC users.  We have not taken the database down during a work day in a long time (if ever). We must today to make repair and get the system functioning again. I apologize for the inconvenience and assure you that we have tried to proceed without this step. It is unavoidable and critical to our mission of providing you quality service.  I appreciate your patience, and thank ...

Why so Slooooooowwwwwwww?

I get it, the e-JCC system has been a little slow lately. Fortunately, there are a great many people like our e-JCC users who are professional, patient, and productive. Unfortunately, there are also some really bad people in the world.  The bad people sometimes like to work mischief, for gain or out of boredom. They steal people's information and data, destroy computer networks, and worse. The OJCC has a duty to protect people's (your) data, and the integrity of the network and resources that support your participation in this litigation system and process. Fortunately, that is not my primary job, but we have a great IT team led by our CIO, Susan Brown.  In 2015, she told us we needed to do some upgrading to the tools we use to protect the integrity of your data. We spent months looking at hardware and software. Some poor IT folks actually sat down with me for two hours and tried to explain it all. As I understand it, there was some flaw in one of our Megabits, which meant we ...

New S coming for more Security

Soon, we will roll out another layer of security at the OJCC. The users will not see it much. It is one of those investments that have important and tangible benefits, but which will go largely unnoticed.  There is one thing that our users will notice though, the familiar "http://" that begins our addresses will soon be "https://" instead. To visit our website, you will not use "http://www.fljcc.org" but  "https://www.fljcc.org." What a difference an "s" makes. This is part of our servers and your data being more secure.  The old  "http://www.fljcc.org" will still work if you have that as a shortcut or a link on your computer. However, it will work because when you use it, we will be "redirecting" you to  "https://www.fljcc.org." That  "redirecting" won't happen without you knowing; your computer will display a message to let you know that you are being redirected. You should expect that and u...

Keep Your Profile Up To Date

The OJCC offers electronic filing to its registered e-filers. Through that program, attorneys, adjusters, mediators and parties may register to receive notices and orders from the OJCC through electronic transmission. This process affects significant cost savings to litigants in Florida workers' compensation cases. The electronic platform allows parties to register both a primary and secondary email address with the OJCC. To do so, attorneys must list their desired email addresses in e-JCC, in their "profile." Only the e-filer, "user," can change their profile. OJCC district staff cannot change this profile, regardless of being asked to by attorneys or others. Updating the profile is the user's responsibility and power alone.  Two points are pertinent. First, filing a "Designation of Email Addresses Pursuant to Rules of Judicial Administration Rule 2.516" with this administrative agency does not change the registered user's e-JCC profile. The n...

E-JCC, What a Tool!?!

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There are some really handy tools in the e-JCC program. In December 2014, I posted regarding the new pretrial compliance questionnaire tool. That tool can be used to prepare for mediation or to submit a pretrial questionnaire. The functionality comes from your ability to use it to generate a list of the pending issues, as reflected in the OJCC database for that case. Any party to a case can generate a form for the pretrial process. That form will populate with all of the required demographic data, such as dates, names and addresses. The form will also list all of the currently pending issues in the case, as listed in the database. This allows parties to check and verify. If an issue is listed that has been resolved, or if an issue is missing, this alerts the parties to file a pleading to correct the database. For the last couple of years, you have been able to check your daily filings in e-JCC. This is a great benefit to double check the service process. The method and reasons are ful...

What if My Carrier is not Listed?

The electronic petition for benefits is challenging sometimes. It is designed to make the system work more easily, and more consistently. I recently had a judge question the operation of the system/form because an issue arose in a case. Essentially, an injured worker found her/himself facing a motion to dismiss based on the allegation that the Petition was not served on the correct carrier. When a "new case" is started in e-JCC, it is begun by selecting "file new case." This leads to the next option, which is whether you will start with an "initial PFB" (petition for benefits) or an RACN (request for assignment of case number). Whichever is selected, the OJCC database will assign an OJCC case number.  The "initial PFB" process begins with basic information including the last name, social security number and date of accident. This process allows the database to determine whether there is already a case involving these demographics. The goal is to ...

The New Pretrial Compliance Tool

The OJCC has new procedural rules , which became effective November 10, 2014. The current resource is the PDF document that this link accesses. The IT team is currently working on an HTML version of the rules that will be readable from the website itself.  One change of note is the new parameter for timeliness with the pretrial compliance questionnaire. Rule 60Q6.113(1). The Claimant or Claimant's counsel is supposed to complete the Claimant's portion of the questionnaire and forward it to the defense fourteen (14) calendar days prior to the scheduled pretrial hearing. The defense is supposed to complete their portion and forward the questionnaire back no later than seven (7) days prior to the pretrial hearing. The timing should afford both sides the opportunity to make the pretrial questionnaire an effective tool for shepherding the case to trial.  The OJCC has deployed a new tool to assist with the process. It is a pretrial compliance questionnaire form that can be...

Employer E-mails - This is how to register

The OJCC is working to provide greater automation for service of documents. Long-time e-JCC users are familiar with our prior transition to e-service for carriers. Our normal process with electronic filing's evolution is to periodically make changes to the e-JCC platform. Processes are refined, features are added.  On November 10, 2014 the Florida Rules of Workers' Compensation Procedure were amended. Since 2012, the rules have required carriers and third-party administrators to register with the OJCC, providing a general delivery email address for service of notices and orders. The new rules extend that requirement to employers.  The change is in Chapter 60, Florida Administrative Code: 60Q6.108 Filing and Service "(11) All employers, self-insurers, third-party administrators, and carriers shall register a single, general delivery, e-mail address with the OJCC for receipt of all electronically served documents, including petitions for benefits. All employers, self-insu...

Another Consequence of the Paradigm Shift

Two great Scott Adams quotes occur to me this morning. Mr. Adams writes the cartoon strip Dilbert, and his thoughts are often poignant, sometimes painfully so. First, from December 11, 1999, the “boss” says “I think the internet might catch on. I rushed over here so I could be the first to say it’s a new paradigm.” Earlier, in 1995, Mr. Adams coined the phrase “a paradigm shifting without a clutch.”  Well, if none of you have beat me to it, let me rush out here to be the first to say that electronic service at the OJCC is a "new paradigm."    That said, I am sure that this whole internet thing, which seems like the be all and end all, is really just another stepping stone. We will look back on the internet one day and reminisce about it the way we reminisce today about black and white televisions. That is not because it is not a great tool, it is because the next thing will make it obsolete. Do you think our ancestors ever thought anything would be invented that was ...

Who ya gonna call . . . ? "askojcc"

Who ya gonna call? Don't call, email askojcc@doah.state.fl.us In Ghostbusters II, Dr. Peter Venkman (doctor of what? I might ask. But that is another story) is on the stand in court and responds to the prosecutor  "Kitten, what I think I'm saying is, sometimes, (stuff) happens, somebody's gotta deal with it, and who're you gonna call?!"  Of course this is a clever screenwriting integration of the Ray Parker theme song from the original movie. And it illustrates the point for today. He is right, sometimes stuff happens and it needs to be fixed. At the end of February, Jeannie Paugh retired from the OJCC. Jeannie had been with us for many years, since before the OJCC became part of DOAH. She was helpful, kind, and considerate. We will all miss her. Jeannie was eager to help people and so people called and emailed her frequently. Things like: I named my document incorrectly when I uploaded it, will you change it? I put the wrong carrier in the petition, will you...

Who are you, Who, Who, Who Who?

The Clerk's office received a request recently from one of our District Offices. Essentially, the District had received an email from one attorney on a case asking that the carrier on that case be changed to another carrier. From the law firm paralegal involved, we received by email "Please note that the correct Carrier for this case is York Risk Services Group, 605 Crescent Executed Court, Ste. 300, Lake Mary, FL 32746.  Thank you." So here, as Paul Harvey was so fond of telling us, is "The rest of the story . . .." In April, 2010, Claimant filed a petition against the Employer and listed "Avizent" as the carrier. Within days, defense counsel filed a notice of appearance and listed "Avizent" as the carrier.  Before the end of April, 2010, an adjuster from "Avizent" filed a Response to Petition. In May 2010, another PFB named "Avizent" as the carrier. In June, an  " Avizent"  adjuster filed a Response. In June 20...

Why Only One Address?!?!?!

I am starting to get some questions about the new process we are using for insurance carriers and third party administrators in our database. The essential question is “I have a different address that I want to use for the carrier, which is different from the one in the database; why can’t I change to the address I want to use?” For several years since the beginning of e-filing, we allowed the parties to input whatever address they wanted to for the carrier against whom or for whom they were filing. Effective January 14, 2013, in our move to e-service, we required by rule that each carrier designate the addresses they would use for receiving Florida workers' compensation litigation mail. The carriers each selected the address at which they want to receive mail (paper or electronic). This is their choice. Their choice is reflected in the e-JCC program. I understand that we may feel we know better than they do, and that we could pick an address that would be better for them to receiv...