Workers' Compensation: An Artificial Intelligence Certification

Since the public introduction of ChatGPT, the legal community has been attempting to co-evolve with Artificial Intelligence [AI]. AI's major limitation is the fear that this disruptive technology is producing unreliable results.

IMPORTANT TECHNOLOGY

While it is a good assistant in gathering legal knowledge, it generates bad reasoning in complex situations. It can act as an assistant in digesting case law and statutory authority. It excels in the scope of data it can digest, far beyond Wikipedia. Sam Altman, the controversial CEO of OpenAI stated that AI is the “most important and beneficial technology man has created.”

HALLUCINATING

If the data models work with a lack of guardrails or boundaries, AI results are stymied by unreliability. The limits of its creativity that allow AI to generate new ideas create a difficult balance. So the models are hallucinating, producing false data, ie. It generates inaccurate cases and citations. An example is a lawyer who submitted an appellate brief with AI-generated case citations that did not exist.

BALANCING CAPABILITIES

The reasoning of AI needs to improve so that the anxiety of AI vertigo can disappear. On the flip side, the judicial system needs confidence that the information being submitted is accurate. Pleadings and briefs need to contain reliable data.

PROPOSED AI RULE

The Fifth Circuit Court of Appeals has proposed an AI rule requiring attorneys who submit pleadings to certify whether or not AI has been relied upon in the production of the document and, if so, that the attorney has verified the data’s accuracy.

AWARENESS

Attorneys must become aware that, at present, AI is a challenging fix to complex and creative legal analysis. The large language models relied upon to produce the requested results must be from trusted sources grounded in accuracy.

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Jon L. Gelman of Wayne, NJ, is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (West-Thomson-Reuters). For over five decades, the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has representing injured workers and their families who have suffered occupational illnesses and diseases.