Florida/Georgia Personal Injury & Workers Compensation

...Competent, Substantial Evidence Supports the ALJ's Decision The respondents next contend that even if the rebuttable presumption does not apply or the presumption was rebutted, competent, substantial evidence does not support the ALJ's decision in this case. Section 766.311(1), Florida Statutes (2001), provides that an ALJ's determination as to the qualification of the claim for purposes of compensability "shall be conclusive and binding as to all questions of fact." On appeal, an ALJ's findings of fact are upheld if supported by competent, substantial evidence....

...mpensability and notice pursuant to s. 766.316 first, and addressing an award pursuant to s. 766.31, if any, in a separate proceeding. The administrative law judge may issue a final order on compensability and notice which is subject to appeal under s. 766.311, prior to issuance of an award pursuant to s....

...Since the adoption of the 1998 amendments, NICA is very clear that the determination of whether an injury is compensable is exclusively within the province of the ALJ, see § 766.304, Fla. Stat. (Supp.1998)—subject, of course, to the right to pursue an appeal of the ALJ's determination, see § 766.311, Fla....

...06 amendments to section 766.309. In 2003, section 766.309 was amended to add subsection (4) which states, in applicable part, that "[t]he administrative law judge may issue a final order on compensability and notice which is subject to appeal under s. 766.311, prior to issuance of an award pursuant to s....

...of human rights, safety, or property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316. Such suit shall be filed before the award of the division becomes conclusive and binding as provided for in s. 766.311....

...Since the adoption of the 1998 amendments, NICA is very clear that the determination of whether an injury is compensable is exclusively *456 within the province of the ALJ, see § 766.304, Fla. Stat. (Supp.1998)—subject, of course, to the right to pursue an appeal of the ALJ's determination, see § 766.311, Fla....

...hich defines "birth-related neurological injury." "A determination of the administrative law judge as to the qualification of the claim for purposes of compensability under s. 766.309 ... shall be conclusive and binding as to all questions of fact." § 766.311(1), Fla....

...See Legal Envtl. Assistance Found., Inc. v. Clark, 668 So.2d 982, 986 (Fla.1996). The ALJ's determination with regard to the qualification of the claim for compensability purposes under the statute is conclusive and binding as to all questions of fact. § 766.311(1), Fla....

...Likewise, in Waddell, the ALJ ordered periodic payments to the mother, as the custodial parent, "absent a change in the custodial arrangement." [4] In addition, both final orders contained extensive factual findings and well-articulated reasoning. And, both were subject to judicial review pursuant to section 766.311....

...ported by detailed factual findings. Section 766.304, Florida Statutes, affords the ALJ all powers authorized under the APA, including conducting an evidentiary hearing to determine the proper amount, division and distribution of the parental award. Section 766.311 provides the right of judicial review....

...Ass'n, 813 So.2d 155, 159 (Fla. 4th DCA 2002) (citing § 120.68(7), (10), Fla. Stat. (1997)). "A determination of the administrative law judge as to the qualification of the claim for purposes of compensability... shall be conclusive and binding as to all questions of fact." § 766.311(1)....

...ter birth, and did not therefore occur "in the course of labor, delivery, or resuscitation in the immediate postdelivery," as required by section 766.302(2). He thus denied recovery under NICA. Plaintiffs seek direct review of that order pursuant to section 766.311(1), raising only *402 the issue of whether the notice requirement is a condition precedent to the applicability of NICA....

...o section 766.304, Florida Statutes (2000), to determine compensability from the Florida Birth-Related Neurological Injury Compensation Association for a "birth-related neurological injury." We have jurisdiction. See art. V, § 4(b)(2), Fla. Const.; § 766.311(1), Fla....

...mpensability and notice pursuant to s. 766.316 first, and addressing an award pursuant to s. 766.31, if any, in a separate proceeding. The administrative law judge may issue a final order on compensability and notice which is subject to appeal under s. 766.311, prior to issuance of an award pursuant to s....

...06 amendments to section 766.309. In 2003, section 766.309 was amended to add subsection (4) which states, in applicable part, that "[t]he administrative law judge may issue a final order on compensability and notice which is subject to appeal under s. 766.311, prior to issuance of an award pursuant to s....

...Assistance Found., Inc. v. Clark, 668 So.2d 982, 986 (Fla.1996). . “A determination of the administrative law judge as to the qu$lification of the claim for purposes of compensability under s. 766.309 ... shall be conclusive and binding as to all questions of fact.” § 766.311(1), Fla....

...Birth-Related Neurological Injury Comp. Ass'n, 813 So.2d 155, 159 (Fla. 4th DCA 2002). The ALJ's determination with regard to the qualification of the claim for compensability purposes under the statute is conclusive and binding as to all questions of fact. § 766.311(1), Fla....

...Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital (“Tampa General”) and the University of South Florida Board of Trustees (“USF”), provided her with adequate notice of their participation in the Plan. This court has jurisdiction. See § 766.311(1), Fla....

...and in lieu of payment of an award under ss. 766.301-766.316.” 5 (Emphasis added). The ALJ has “exclusive jurisdiction to determine whether a claim filed under NICA is compensable.” §§ 766.301(1)(d), 766.304, and 766.311(1), Fla....

...ological injuries, and Appellees would have been unable to invoke NICA as Appellant’s exclusive remedy. See Fla. Birth-Related Neurological Injury Comp. Ass’n, 29 So. 3d at 994; Jackson, 932 So. 2d at 1127. 11 § 766.311, Fla....

...jurisdictional question whether a private right has been extinguished. Our authority as a district court of appeal to engage in judicial review of administrative action is limited to what general law provides. See Art. V, § 4(b)(2), Fla. Const. Even though, as the chief notes, section 766.311 authorizes direct review of an ALJ’s order by appeal to a district court of appeal, for us to bring our appellate judicial power to bear on such an order, there nevertheless must be a “party who is adversely affected by” it....

“conclusive and binding as to all questions of fact.” § 766. 311(1), Fla. Stat. While the evidentiary scales may

...When a claim is made against the plan for birth related neurological injuries, section 766.307(1) requires the JCC to hold a hearing in the county where the injury occurred. In this case, the injury occurred in Miami and the claim was heard in Dade County. Section 766.311(1) provides that “review of an order of a judge of compensation claims shall be made by appeal to the District Court of Appeal....

PER CURIAM. In 1988 the Florida Legislature created section 766.311, Florida Statutes (Supp....

...Findings of Fact Supported by Substantial Competent Evidence are Conclusively Binding on This Court "A determination of the administrative law judge as to qualification of the claim for purposes of compensability ... shall be conclusive and binding as to all questions of fact." § 766.311(1), Fla....

...3d DCA 1995). [2] In Nagy, the court explained: "A determination of the administrative law judge as to the qualification of the claim for purposes of compensability under s. 766.309 ... shall be conclusive and binding as to all questions of fact." § 766.311(1), Fla....

...of human rights, safety, or property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316. Such suit shall be filed before the award of the division becomes conclusive and binding as provided for in section 766.311....

...n of notice arises only if the claim has been adjudicated compensable). 7 Judicial review of an order of the ALJ determining compensability of the claim filed is to be by appeal to a district court of appeal. See § 766.311(1), Fla....

...The right is enforceable against NICA, which is responsible for administering the Plan and paying awards out of the treasury funds available for that purpose. §§ 766.303(1), 766.315(4), (5)(a), Fla. Stat.; cf. § 766.307(2), Fla. Stat. (“The parties to the hearing shall include the claimant and the association.”); § 766.311(2), Fla. Stat....

by appeal to a district court of appeal. See § 766.311(1), Fla. Stat.; see also Art. V, § 4(b)(2), Fla

...The findings of fact and conclusions of law of the administrative law judge shall not be admissible in any subsequent proceeding. . . .”). Judicial review of an order of the ALJ determining compensability of the filed claim is to be by appeal to a district court of appeal. See § 766.311(1), Fla....

...The right is enforceable against NICA, which is responsible for administering the Plan and paying awards out of the treasury funds available for that purpose. §§ 766.303(1), 766.315(4), (5)(a), Fla. Stat.; cf. § 766.307(2), Fla. Stat. (“The parties to the hearing shall include the claimant and the association.”); § 766.311(2), Fla. Stat....

...Birth-Related Neurological Injury Comp. Ass’n v. Ferguson, 869 So.2d 686 (Fla. 2d DCA 2004). The pending appeal also operates as a “suspension of the award” and no payment is required until “the questions at issue therein shall have been fully determined.” § 766.311(1X2), Fla....