Off-site Archive

  August 27, 2018 PEOPLE'S CHOICE AND COMP LAUDE® FROM L Comp Laude draws near once again.  Each time I dictate that, my software types “comp loudly.”  This year it will be October 9 through 11 in San Diego,  details are here . Comp Laude began like so many things we do, with a vision or a dream. It has grown and expanded, morphed and restructured. Reflecting on its history, I am reminded once again that the only constant in our lives is change. I have written about Comp Laude a few times, and about my favorite part, the  Peoples’  Choice Awards , back to that in a moment.  To recap, David DePaolo conceived the  Peoples’  Choice  in 2016. The Comp Laude had been launched in 2011 with a vision to recognition and appreciation that our workers’ compensation community was praiseworthy. We all recognize that there are both people and practices that misapply the mission of workers’ compensation; they stray and impugn , sometimes infect  u...

  July 30, 2018 MISCONCEPTIONS ABOUT OUR CONSTITUTION By Judge David Langham One of the best parts of my occupation is that I get many opportunities to engage in conversation with brilliant lawyers and other members of the workers compensation community. The i r musings and prognostications are frankly fascinating. I find myself agreeing,  disagreeing,  or asking questions ; s ometimes all three . Mentally it is great exercise. I recently had such a conversation in which my views on rights were challenged.  An  individual explain ed  to me, in much kinder words, that  someone of my intellect  would be lucky to discern my  own  head from a hole in the ground. The dismissive tone, combined with a look of sheer pity in the speaker ’ s eyes, c ombined for a persuasive effect. The speaker felt so sorry for me that I almost began to feel sorry for myself. BUT, then I realized that this person was so far off base that it was not even baseball a...

  April 24, 2018 THE CONUNDRUM OF MEDICAL INFLATION By Judge David Langham There is so much happening in workers’ compensation right now. It seems that every week brings revelations and discussion. There are a myriad of changes occurring across the country, and I was honored last week to discuss some of them with the Mississippi Workers’ Compensation Education Association gathering in Biloxi.  One foundational element to me is medicine and economics. For decades, the rate of inflation for medical services in the United States has risen more rapidly than inflation in the general economy. As a result, medicine is consuming more and more of our personal, state, and national budgets. That care is being delivered is laudable. But, those cost increases are creating pressures. The ratios used to demonstrate indemnity (lost wage) benefits as the predominant workers’ compensation expense, but medical costs have overtaken indemnity, and continue to grow.  The pressure is illustrate...

  March 16, 2018 WHY IS IT SO HARD TO BE A LAWYER? By Judge David Langham Trial is a stressful event. The whole practice of law is stressful. No attorney ever knows for sure what evidence may be adduced by the opponent(s). Worse, there is never absolute certainty that your own client will not surprise you a few times, usually at the worst possible time. Attorneys strive for preparedness, rack their brains regarding potentialities and possibilities, and they stress. It is hard on the mind, the body, and the people around them.   There is seemingly endless advice heaped on lawyers: “be brief,” “be thorough,” “never ask a question you don’t know the answer to,” “be prepared,” “know thy enemy,” “know the law, know the facts, but most important know the judge,” “start strong, finish stronger,” “follow your gut,” “watch for opportunities,” “never let the jury see you sweat,” “never, never give up,” and the list goes on and on. If only memorizing and employing these tips was a path t...

 F ebruary 16, 2018 GROUNDHOG DAY By Judge David Langham Last week it was Groundhog Day. I was amused to see a story of  one network playing  the movie  Groundhog Day  all day on a loop to celebrate the occasion. The movie is a funny message of maturity, learning from mistakes, and perhaps questioning how we use our limited time on this planet. In it, Phil Conners (Bill Murray) laments that he must play by other’s rules, saying: It's the same thing your whole life: "Clean up your room. Stand up straight. Pick up your feet. Take it like a man. Be nice to your sister. Don't mix beer and wine, ever." Oh yeah: "Don't drive on the railroad track.” And, we all identify with Phil, at least a little bit. We all resist convention and rules to some extent. By the denouement of the movie, Phil has grasped the error of his thoughtless and selfish ways, has gained focus, and wins the love of a special person, Rita (Andie MacDowell). Like Phil, I think we are all afforded ...