CopyCited 14 times | Published | Florida 2nd District Court of Appeal
...expressed ... or to speculate about what should have been intended." Public Health Trust of Dade County v. Lopez,
531 So.2d 946, 949 (Fla. 1988) (citations omitted). Under the Plan, a claim for compensation must be filed within five years of birth. §
766.313....
CopyPublished | Florida 1st District Court of Appeal
...Appellant, Erica McDonald, appeals a final order in which the
administrative law judge (“ALJ”) determined that her claim filed
under Florida’s Birth-Related Neurological Injury Compensation
Plan (“NICA Plan” or “Plan”) was compensable but time-barred
under section 766.313, Florida Statutes (2015), and that Appellees,
Florida Health Sciences Center, Inc....
...order finding that while Appellant’s claim was compensable, it was
time-barred and that, as a result, dismissal with prejudice was
appropriate. The ALJ agreed that Appellant’s claim was
compensable under the NICA Plan but time-barred pursuant to
section
766.313 and explained in part:
Before compensation may be awarded under the
NICA Plan, in addition to section
766.309(1), the ALJ
must determine in section
766.316 whether:
Each hospital with a participating physicia...
...(d) Whether, if raised by the claimant or other party,
the factual determinations regarding the notice requirements in s.
766.316 are satisfied.”). In turn, the ALJ issued a straightforward
order concluding that “Petitioner’s Petition is time-barred
pursuant to section
766.313 but is otherwise compensable under
the NICA Plan.” This is an appealable “final order on
compensability and notice” that Appellant had an explicit
statutory right to appeal....
...substantively peripheral notice-requirement issue. See §
766.316,
Fla. Stat. (requiring notice to patients of participation in the Plan).
But the notice issue provides no basis for reversing the ALJ’s
disposition because Appellant’s claim is time-barred. See
§
766.313, Fla....
...entities other than Article III courts”).
Another condition the Legislature set on the public right to
compensation from the Plan’s fund is a requirement that a claim
to that compensation be filed within five years of the injured child’s
birth. See § 766.313, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2012 WL 1448963, 2012 Fla. App. LEXIS 6544
...The Legislature also imposed a time limitation for the filing of an administrative claim for compensation under the NICA Plan: Any claim for compensation under ss.
766.301-766-316 that is filed more than 5 years after the birth of an infant alleged to have a biHh-related neurological injury shall be barred. §
766.313, Fla....
...nsability) was a condition precedent to Exposito’s ability to maintain her cause of action in circuit court. The DOAH entered an order determining that although the claim for compensation was untimely and barred by the statute of limitations under section 766.313, because immunity would be a defense to the civil action, the ALJ was required to make a finding as to the claim’s compensa-bility....
...We look to the statutes’ plain meaning in order to determine legislative intent. Brass & Singer, P.A. v. United Auto. Ins. Co.,
944 So.2d 252, 254 (Fla.2006). Two provisions of the NICA Plan’s statutory scheme serve to guide us in this determination: First, under section
766.313 “[a]ny claim for compensation under [the NICA statute] that is filed more than 5 years after the birth of an infant alleged to have a birth-related neurological injury shall be barred” (emphasis added)....
...exceeding her jurisdiction by proceeding with the administrative claim and making further determinations notwithstanding the fact that Ex-posito’s claim is time-barred.” The defendants asserted that "the question of whether a claim is barred by Section 766.313 Florida Statutes is a threshold jurisdictional issue, [and thus,] the ALJ lacked the jurisdiction to make any determinations beyond that ruling and that any additional determination rendered would amount to an improper advisory opinion." This court denied appellants' requested relief....
