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ALJ Insights
This issue's “ALJ Insights” has been written by Chief Administrative Law Judge Jennifer L. Schwendemann of the St. Louis Division of Workers' Compensation.
I have been pondering what to write now for several days.
Here we are in February 2005. The New Year is off on a roll. There's a new governor in the mansion and a new legislature in the Capitol. There is a definite feeling that change is on the way for the members of the Workers' Compensation community. Employers, workers, lawyers, and yes, even judges, are closely monitoring what's going on in Jefferson City.
There is speculation about the potential statutory changes. Concerns about the animosity between employers and labor are being voiced by many. Even the media can't seem to get enough about Workers' Compensation reform. Newspapers across the state are dotted with columns addressing the issues.
Here in St. Louis we too follow the story. Conversations in the library, hallways, and the file room are filled with “What have you heard?”
Yes, change is definitely on the way.
One thing, however, I would not like to see change is the manner in which I see the Workers' Compensation Bar practice. Your civility, integrity, and courtesy speak volumes about the consummate professionals you are.
I suggest we separate ourselves from the debate in Jefferson City. I think many of the lawyers on both sides of the bar are panicking about perceived changes in the law. I encourage you all to take a step back. Relax. Remember those things that are truly important in your lives. While this may sound slightly Polly-Ann-ish, it's true.
Dr. Martin Luther King said:
“We are prone to judge success by the index of our salaries or the size of our
automobile rather than by the quality of our service and relationship to
mankind.”
Your families, your friends, and your careers will still be here after the
legislative session ends. The definition of “accident” will not and should not
change the way you practice law. It will not and should not affect the way you
treat opposing counsel, or undertake your discovery. It will not and should not
affect in any way the oath you took when you were sworn in. It will not and
should not divest you of your reputation that you have earned.
The honor and respect you have for yourselves, the Court, and each other can and will withstand any changes in the law.
At the end of the day, when May rolls around, I know I will still see friends from the defense playing golf at the Kids' Chance tournament with friends from the plaintiffs. I know we will still come together to honor a recipient of the Kids' Chance/BAMSL Distinguished Workers' Compensation Lawyer Award.
In the end, the Workers' Compensation Court in St. Louis will still be a great place to practice law.
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