Division of Administrative Hearings, Florida
Filed: Mar. 24, 2003
When, as here, obstetrical services were not provided by a "participating physician" at the infant's birth, does the administrative law judge have jurisdiction to resolve whether the Respondent may, nevertheless, be estopped to deny coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan), and, if so, whether the proof supports a claim of estoppel. If the proof supports a claim of estoppel, whether Austin K. Joshnick (Austin), a minor, suffered a "birth-related neurological injury," as defined by the Plan.Obstetrical services were not provided by a participating physician at birth, and the facts failed to support a finding that the Florida Birth-Related Neurological Injury Compensation Association was estopped to deny coverage.
