WC.com

Thursday, December 21, 2023

Jeffrey Appel Passes

The world has changed significantly regarding our access to information. What used to require research and often legwork can now be far simpler. Information travels at the speed of light and is at our fingertips. It is therefore troubling to learn that news has nevertheless eluded you. I received a call several weeks ago informing me of a rumor that a workers' compensation attorney had passed. I tried for several days to verify that, but the Internet was silent. For whatever reason, that attorney came to my thoughts this morning, and the Internet was more helpful.

The Florida Bar now lists Mr. Appel as deceased. 

I had known Mr. Appel for many years, though I never ran across him in my years of practice. The last I knew, he was working at Dickstein Law, a criminal defense firm. His profile on the firm website provided a history of a Florida native from Stuart, education at the University of Florida (B.S. Sociology, M.S. Sociology, and J.D.). He soon departed his first legal employment and founded a firm representing injured workers in Lakeland, and later opened offices in Tallahassee and Ft. Lauderdale. The site notes that "In 2022, Mr. Appel merged his firm with Dickstein Law."

The law firm site listed a variety of accolades including an “AV-Preeminent” rating, service to The Florida Bar Workers’ Compensation Section (Executive Council member and Editor of The News & 440 Report), and certification as a mediator. The biography notes Board Certification "in workers’ compensation from 2008 to 2022." There is much to admire in Mr. Appel, and reading the information there is a recurrence of change in 2022. 

Incidentally, this morning, Martindale Hubbel lists Mr. Appel as AV-rated. That curiously makes twice in a week that I have found a lawyer with a disciplinary background so listed by the Martindale service. See  Reproval for AV Preeminent Lawyer (December 2023). 

The Florida Bar member profile provides some guidance on change. On September 14, 2022, Mr. Appel was suspended by The Florida Supreme Court for 90 days. Case No.: SC22-833 Lower Tribunal No(s).: 2022-90,061(OSC). On December 22, 2022, Mr. Appel was suspended for another 90 days, to begin upon expiration of the already-existing 90-day suspension. Case No.: SC22-1679 Lower Tribunal No(s).: 2022-30,566 (10A). The details are sparse. One of the orders mentions the Florida Lawyers Assistance (FLA). 

In July 2022 court filings, Mr. Appel informed the courts that he suffered from Alcohol Use Disorder (AUD), a "disease" and not "a character defect." The filings explain issues about addiction, relapse, and more. There is a discussion there of the impact on life, the challenge of a "recovery process," and the impact of potential disciplines the Court might impose. The allegation was that granting the then-proposed 91-day suspension would "permanently put him out of the profession and out of business."

In 2017, Mr. Appel was identified in the Lakeland Ledger
"A workers compensation lawyer in Lakeland recorded a blood alcohol content of .398 on Wednesday — nearly five times the legal limit of .08 — after crashing into a Lakeland woman's car, the Polk County Sheriff's Office reported." 
That is a significant content. The Cleveland Clinic notes that a level over .30 presents a likelihood of alcohol poisoning, a potential threat to life, and other challenges. A level over .40 presents the potential risk of coma and death. The Ledger story is troubling, as it was back in 2017. He was admonished by The Florida Bar then, and was addressing concerns with alcohol. The Florida Bar file 2017-30,809(10A). Piecing together here and there, it is clear that Mr. Appel faced some challenges. 

I was privileged to know Mr. Appel. I found him engaging and a student of workers' compensation law. He was, as are we all, an imperfect person. But, he was an advocate for his clients and strove to make the workers' compensation community a better place through his service. It was in his participation with The Florida Bar Workers' Compensation Section that I met him. I had opportunities to work with him and to collaborate on his efforts with the News and 440 (as noted by current chair Paolo Longo back in 2019). 

I lament that Mr. Appel, a member of this community, has passed at a relatively young age. I see the challenges that he faced, and note that he was not alone in that. A great many professionals face challenges. Attorneys are noted to have a particular prevalence in depression, alcohol, and drugs. We have spent an enormous amount of energy in 2023 on professionalism and community in workers' compensation. I credit Mr. Longo for his imagination, drive, and innovation this year. But more, this is an incredibly caring and supportive practice. Kudos to all of you who contribute to it. 

As we pause to remember Mr. Appel and his contributions here, perhaps there are readers who have struggles or challenges. The key element is that none of us is perfect. We work in a world that brings us troubled clients, significant challenges, and incredible pressure. You are not the first to have experienced it, and you will not be the last. I encourage you to reach out for assistance and to be willing to make that recommendation to others who you encounter. Community is real, and people will periodically need help, encouragement, and resources. 

Perhaps there are those who would like to reach out for assistance. I encourage you to do so if that is appropriate. In my opinion, the best path for information and assistance is the Florida Lawyers Assistance. Too many think of this as only an addiction effort, but the FLA can offer advice, resources, and help with a spectrum of challenges. They offer free and confidential help. Lawyers can call 954 566 9040 and judges can call 888 972 4040.