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Thursday, March 21, 2024

Potential Energy

The striking characteristic of the Worker’s Compensation community has persistently been involvement and engagement. I am, perhaps, spoiled by my long association with so many in the space. When I encounter lawyers and judges engaged in other practices, I am often struck by their expressions of both surprise and admiration regarding the close-knit community that is Worker’s Compensation. I sense it is widespread, but Florida is a significant example. 

In fairness, one might admit that as good as it is, it’s not what it once was. There has been some retreat from engagement, driven by technology and then SARS-CoV02. There is an increasingly pervasive portion of the practice that finds isolation and virtuality, are meritorious and preferable. Many of those are the younger, the "next," generation. As a persistent introvert, I must admit some admiration for their mindset.

But this market is notably gregarious. That was illustrated again recently in two regards.

The College of Worker’s Compensation lawyers gathered for their annual induction dinner in Chicago, Illinois. Despite the somewhat troubled nature of that municipality and its citizens, there were no safety issues I have heard of. The College is open to any lawyer practicing in worker’s compensation with significant involvement in Worker’s Compensation for two decades.

The class of 2024 included Floridians: Honorable Eric Grindal, Honorable Margaret Kerr, and Honorable Daniel Lewis. There are a great many of the Fellows from Florida. The influence of this community on the larger whole is apparent and understandable. 

The College also inducted a "Legend" in 2024. Alongside Theodore Roosevelt, Crystal Eastman, and Francis Perkins now stands a 17th-century pirate with a legacy of violence and mayhem (but, in fairness, he had a compensation system that shares characteristics with modern workers' compensation). That said, perhaps a pirate with no connection to America or to workers' compensation is not someone to be exalted and honored.

The College is approaching its 20th anniversary and has inducted hundreds of lawyers. That is worthy of note. Imagine a lawyer, just entering the worker’s compensation practice in the inaugural College year will soon be eligible for induction into the organization. That is a notable history. 

The College's purpose is an accolade and honor for its members. It unfortunately does little beyond hosting this annual dinner for new members. A handful of existing members will travel to those dinners, but with transportation, hotel, and the meal it is an expense of about $1,000. That is not for the masses and signals a somewhat elitist perspective. But, it is certainly an honor for Fellows to be recognized by their peers.

The College is an organization of great wealth in experience, gravitas, and personality. It has great potential, which may one day awaken to realize its destiny. There are many talented and knowledgeable fellows, significant financial resources, and ambition. But, for now, it is not what it could be. 

The Monday after, March 18, 2024, the students in the Pre-law Club of the Florida State University, Panama City campus, gathered for one of his periodic meetings. In 2022, Judge John Moneyham happened upon the idea of a pre-law club in an innocuous conversation with Community members otherwise engaged at FSU. There was an instant realization that students attend that college with an interest in pursuing a legal degree. Despite a vibrant Panama City, legal community, no thought had ever been given to such a group.


In this, kudos to Judge Moneyham for his effort, along with the pre-law faculty, and administration. The resulting pre-law club meets monthly to discuss member's interests, aspirations, and perceptions. Judge Mooneyham has been simply fantastic in his engagement and motivation of these young people. In a significant manner, this outreach is striving to raise awareness, instill motivation, and build appreciation for the workers' compensation practice.

The student group gathered Monday to hear from a Florida Supreme Court Justice. From the pictures I received, none wore formal attire. There was no 5-course meal. There was less glad-handing and more community. They spoke of the law, their plans, dreams, and futures. Their focus was broad, and their spirits admirable. Their desire to engage and be involved in doing, making, and growing is inspiring. 

The dichotomy is palpable. In one, there is self-congratulation and camaraderie, draped in pomp and buried in circumstance. The other has no budget and only the enthusiasm of youth as a resource. The communities are distinct. One is yesterday celebrating success, celebrating itself. The other is tomorrow, celebrating ambition, potential, ideals, and promise. One wonders what the ambitious and motivated might accomplish with the $100,000+ spent traveling to Chicago and attending the black-tie dinner (150 attendees, $750 for airfare, hotel, dinner, and even tuxedos - conservatively - $200,000 is more likely). 

How many young people might benefit from a scholarship, internship, or fellowship in workers' compensation? How many such benefits might be bestowed with $100,000? How many Fellows might visit a college campus, conference, or convention with such funding? How many of tomorrow's leaders might be reached with such funding? 

Each of these examples illustrates the potential for in-person engagement in the worker’s compensation space. Each helps us visualize that there are untapped opportunities for bridging that seemingly persistent gap in our modern-day worker’s compensation community. One (the College) is hundreds strong, financially wealthy, and extremely diverse (geographically, gender, and race. The pre-law club at Panama City is nascent, aspirational, and transient (all students soon move on to other professional pursuits).

Physicists discuss impacts using adjectives. They say "An object can store energy as the result of its position." In this way, such objects have "potential" energy that becomes actual when released. That can be an involved discussion, but imagine a bow with an arrow. The bow sitting on the ground has no "potential energy." When the string is pulled back, that "position" that has taken movement (your arm) to store the energy will be expressed sending the arrow forth (actual). 

The "position" is not geography but the actuality of posture. Energy is “potential“ when it is in some way stored, trapped, or inhibited. This is true with the drawn bow, and with items of significant gravity that are at an altitude. A boulder in your front yard may be visually appealing, but without Newton's help, it will merely sit there and be pretty. The "unbalanced force" that might move it is undefined.  

The energy can nonetheless be appreciated, if not necessarily readily observed. Given the right circumstances, and provided with a stimulus of some kind, potential energy can be converted into active energy. If the stimulus is something like gravity, then altitude (the magnitude) of force can be magnified. Push that boulder off the crest of the hill in your yard, and it might gain the momentum to destroy your mailbox. Push it from the top of Mt. Everest, and it might gain comrades on the trip down and destroy a village. 

Altitude matters. Magnitude matters. What will we do with our great power? Well, we could get together for a dinner.

The potential and process is illustrated in the two recent in-person gatherings. Each has potential energy to even the casual observer. Each may be looked to for impact and influence. Each could change its community or more. Perhaps that is harder for the little student group on the hill in the front yard, and so much easier for those boulders who already have great altitude, resources, and prestige. But, either could make an impact. 

Understanding that the worker’s compensation community is replete with similar potential energy examples, the question for you, is, what will you do to release it? Or, if action is not your forte, what might you do to support the storing and development of it? Will you encourage, mentor, write, speak, or sit in your corner and complain?

I will fly to South Florida next week. We have Meet and Greets scheduled in Miami and West Palm Beach. I will be at the Forum in April (Orlando). I will continue to take to the podcast, the blogosphere, and the stage to recognize those striving to make a difference. This community is broad and deep. The opportunity is there for the taking. Will I see you there?