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  8. Tabitha Gail Harnage
Tabitha Gail Harnage
Tabitha Gail Harnage
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Bar #115729(FL)     License for 10 years
Tallahassee FL

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18-000619  DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs GRANDVIEW GARDENS BED AND BREAKFAST, INC.  (2018)
Division of Administrative Hearings, Florida Filed: Feb. 07, 2018
The issue is whether Petitioner properly issued a Stop-Work Order and Amended Order of Penalty Assessment against Respondent for failing to obtain workers' compensation insurance that meets the requirements of chapter 440, Florida Statutes.DFS proved by clear and convincing evidence that Gardenview failed to secure workers' compensation for its employees and the Division properly calculated the penalty of $13,755.55.
18-000426  DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs AMERIBUILD CONSTRUCTION MGT., INC.  (2018)
Division of Administrative Hearings, Florida Filed: Jan. 25, 2018
The issues in this case are whether Respondent failed to secure workers' compensation coverage for its employees, as Petitioner alleges; and, if so, whether a penalty based upon the unpaid premium should be assessed against Respondent.Ameribuild's failure to secure workers' compensation for its workers warrants a penalty for noncompliance.
18-003844  ZENITH INSURANCE COMPANY vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION, MEDICAL SERVICES  (2018)
Division of Administrative Hearings, Florida Filed: Jul. 20, 2018
Whether Respondent, Department of Financial Services, Division of Workers’ Compensation, Medical Services (the Department), correctly determined the amount of reimbursement Petitioner, Zenith Insurance Company (Zenith), owes to Lawnwood Regional Medical Center (Lawnwood) for medical services, pursuant to section 440.13(7), Florida Statutes (2018).1/ More specifically, the issues raised in this case are: whether Zenith properly adjusted or disallowed payment by paying what it believed were “reasonable” charges for the Workers’ Compensation medical services provided; whether the Department’s consideration of a “Stop-Loss” percentage-based methodology, as opposed to a per diem rate, may serve as a basis for reimbursement; and what, if any, is the additional amount Zenith owes to Lawnwood for reimbursement in this case.Carrier made improper adjustment, but no additional reimbursement required; Stop-Loss formula in rule 69L-7.501 not applicable pursuant to section 120.57(1)(e).
18-004144  DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs L AND M AIRCONDITIONING SYSTEM, INC.  (2018)
Division of Administrative Hearings, Florida Filed: Aug. 07, 2018
The issue is whether Respondent failed to secure workers' compensation coverage for its employees and, if so, the amount of the penalty to be assessed against Respondent.Penalty of $29,740.86 based on actual payroll during audit period for failure to secure workers' compensation coverage.
17-003025RP  FLORIDA SOCIETY OF AMBULATORY SURGICAL CENTERS, INC.; HCA HEALTH SERVICES OF FLORIDA, INC., D/B/A OAK HILL HOSPITAL; HSS SYSTEMS, LLC, D/B/A PARALLON BUSINESS PERFORMANCE GROUP; AND AUTOMATED HEALTHCARE SOLUTIONS, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION  (2017)
Division of Administrative Hearings, Florida Filed: May 22, 2017
The issues to be determined are: whether Petitioners have standing; whether the petition of Automated HealthCare Solutions, Inc. (AHCS), was timely filed1/; and whether Respondent’s proposed rules 69L-31.005(2)(d), 69L-31.016(1), and 69L-31.016(2) are invalid exercises of delegated legislative authority on the grounds raised by Petitioners.Proposed rule 69L-31.016(1) & (2), and related filing change, are invalid. Resp. must determine if carriers properly disallowed or adjusted payment to providers in reimbursement disputes; no authority to create exceptions for certain disputes.
17-003026RP  HCA HEALTH SERVICES OF FLORIDA, INC., D/B/A OAK HILL HOSPITAL AND HSS SYSTEMS, LLC, D/B/A PARALLON BUSINESS PERFORMANCE GROUP vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION  (2017)
Division of Administrative Hearings, Florida Filed: May 22, 2017
The issues to be determined are: whether Petitioners have standing; whether the petition of Automated HealthCare Solutions, Inc. (AHCS), was timely filed1/; and whether Respondent’s proposed rules 69L-31.005(2)(d), 69L-31.016(1), and 69L-31.016(2) are invalid exercises of delegated legislative authority on the grounds raised by Petitioners.Proposed rule 69L-31.016(1) & (2), and related filing change, are invalid. Resp. must determine if carriers properly disallowed or adjusted payment to providers in reimbursement disputes; no authority to create exceptions for certain disputes.
17-003027RP  AUTOMATED HEALTHCARE SOLUTIONS, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION  (2017)
Division of Administrative Hearings, Florida Filed: May 23, 2017
The issues to be determined are: whether Petitioners have standing; whether the petition of Automated HealthCare Solutions, Inc. (AHCS), was timely filed1/; and whether Respondent’s proposed rules 69L-31.005(2)(d), 69L-31.016(1), and 69L-31.016(2) are invalid exercises of delegated legislative authority on the grounds raised by Petitioners.Proposed rule 69L-31.016(1) & (2), and related filing change, are invalid. Resp. must determine if carriers properly disallowed or adjusted payment to providers in reimbursement disputes; no authority to create exceptions for certain disputes.
16-005085  DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs THOMPSON ENTERPRISES OF JACKSONVILLE, LLC  (2016)
Division of Administrative Hearings, Florida Filed: Sep. 06, 2016
Whether Thompson Enterprises of Jacksonville, LLC (Respondent), violated the provisions of chapter 440, Florida Statutes,1/ by failing to secure the payment of workers' compensation, as alleged in the Stop-Work Order and 2nd Amended Order of Penalty Assessment; and, if so, what is the appropriate penalty.The Department proved by clear and convincing evidence the allegations in the Stop-Work Order and 2nd Amended Penalty Assessment.
16-007532  DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs COBALT SHORE INVESTMENTS, LLC  (2016)
Division of Administrative Hearings, Florida Filed: Dec. 21, 2016
The issue in this case is whether Petitioner correctly calculated the penalty to be imposed on Respondent for failing to have a sufficient amount of workers’ compensation coverage during the time period in question.The Department of Financial Services, Division of Workers' Compensation, proved by clear and convincing evidence that it assigned the correct class code to the payroll at issue.
16-005109  DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs BEST FRAMING USA, INC.  (2016)
Division of Administrative Hearings, Florida Filed: Sep. 06, 2016
The issues in this case are whether Respondent, Best Framing USA, Inc. (“Best Framing”), understated its business payroll as reported to the company’s workers’ compensation insurance carrier; if so, whether a penalty should be imposed by Petitioner, Department of Financial Services, Division of Workers’ Compensation (the “Department”); and whether the Department properly calculated the penalty which it assessed against Respondent.1/Petitioner proved with clear and convincing evidence that Respondent understated its payroll to the insurance carrier. A penalty in the amount of $891,418.46 is warranted.

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