Announcements

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 coopera...

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, ...

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 . B...

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. ...

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 bo...

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 th...