The issues to be resolved in this proceeding concern whether the Respondent was an employer in the State of Florida, required to secure the payment of workers' compensation insurance coverage pursuant to the appropriate provisions of Chapter 440, Florida Statutes (2007); whether the Respondent secured such coverage, if required; and whether the proposed penalty, if any, is warranted.Respondent was entitled to exemption for workers' compensation coverage, but let the previous exemption lapse without timely renewal. He renewed, but the months it was lapsed serves as a period when required coverage was not in effect.
At issue in the proceeding is whether Joshua Ryan Osburn, a deceased minor, suffered an injury for which compensation should be awarded under the Florida Birth-Related Neurological Injury Compensation Plan.Proof demonstrated that, more likely than not, infant`s brain injury occurred during the course of premature labor, precipitated by placental abruption. Consequently, claim was covered by the Plan.
At issue in this proceeding is whether Emmanuel Broughton, a deceased minor, weighed at least 2,500 grams at birth.Proof demonstrates that infant`s birth-weight was less than required 2,500 grams. Consequently, claim was not compensable.
