Leon FL Administrative law, Advertising and Environmental La -- eLawyers

08-002552 DANIEL M. SEVICK vs DEPARTMENT OF HEALTH (2008)

Division of Administrative Hearings, Florida Filed: May 23, 2008

The issues to be resolved in this proceeding concern whether an application to construct and operate an on-site sewage treatment and disposal system (OSTDS), within the Suwannee River flood plain, meets the requirements of Section 381.0065(4)(t), Florida Statutes (2007), and relevant Department of Health (Department) rules, and whether the department applied an un-adopted rule in denying the permit application.Petitioner failed to prove that innovative on-site sewage disposal system would not be subject to flooding. The statute has flood elevation standard, not an avenue to allow for a system which purports to prevent flooding by use of air pressure.

07-003421N ROSINA DIXON, ON BEHALF OF AND AS PARENT AND NATURAL GUARDIAN OF JHALEIL DIXON, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2007)

Division of Administrative Hearings, Florida Filed: Jul. 24, 2007

At issue is whether Jhaleil Dixon, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).The proof demonstrated that, more likely than not, the infant did not suffer a brain or spinal cord injury during labor, delivery, or resuscitation. Therefore, the claim is not compensable, and the claim dismissed with prejudice.

07-003629N MICHELLE TAYLOR AND DENNIS TAYLOR, JR., ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF NATALIE TAYLOR, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2007)

Division of Administrative Hearings, Florida Filed: Aug. 13, 2007

At issue is whether Natalie Taylor (Natalie), a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).The proof demonstrated that the cause of the infant`s impairments was most likely developmentally based, as opposed to birth-related. The Claim is denied.

07-002414 QUILLON YON AND KEVIN YON vs TOWN OF GRAND RIDGE AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2007)

Division of Administrative Hearings, Florida Filed: May 30, 2007

The issue in this case is whether the Town of Grand Ridge (Grand Ridge) is entitled the Domestic Wastewater Facility Permit that the Department of Environmental Protection intends to issue.With the additional recommended permit conditions, Grand Ridge provided reasonable assurances that the proposed domestic wastewater treatment plant and sprayfield would comply with all rules applicable to their construction and operation.

07-004579N MARIA HERNANDEZ AND JESUS HERNANDEZ, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF AARON HERNANDEZ, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2007)

Division of Administrative Hearings, Florida Filed: Oct. 04, 2007

At issue is whether Aaron Hernandez (Aaron), a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).The infant`s birth weight failed to meet the minimum required for coverage under the Plan. The Claim is dismissed with prejudice.

06-003753N DASHEA JACKSON AND IFAGBEMI OLAMINA, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF MONIFA OLAMINA, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2006)

Division of Administrative Hearings, Florida Filed: Oct. 03, 2006

At issue is whether Monifa Olamina, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).The proof failed to demonstrate the infant`s impairments resulted from a brain or spinal cord injury caused by oxygen deprivation or mechanical injury occurring during labor, delivery or resuscitation. The claim is denied.

06-000416N CHARLENE BENNETT AND MARLON BENNETT, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF HOPE MARANDA BENNETT, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2006)

Division of Administrative Hearings, Florida Filed: Feb. 01, 2006

At issue is whether Hope Maranda Bennett, a minor, met the minimum birth weight required for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).The infant failed to meet the minimum birthweight required for coverage under the Florida Birth-Related Neurological Injury Association`s Plan. The claim is denied.

05-002168N SHERI R. SPRADLIN ON BEHALF OF AND AS PARENT AND NATURAL GUARDIAN OF CHASON D. SPRADLIN, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2005)

Division of Administrative Hearings, Florida Filed: Jun. 15, 2005

At issue is whether Chason D. Spradlin, a minor, qualifies for coverage under the Florida Birth-Related Neurological Compensation Plan (Plan).By failing to appear and offer proof at hearing, Petitioner failed to sustain her burden to demonstrate that the infant sustained a birth-related neurological injury. The claim is dismissed.

04-004301N VACELIA KOUMENDOUROS AND STEVEN BOUDREAU, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF ALEXANDER BOUDREAU, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2004)

Division of Administrative Hearings, Florida Filed: Nov. 24, 2004

At issue is whether Alexander Boudreau, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).The proof failed to demonstrate that the infant`s impairments were related to a brain injury caused by oxygen deprivation or mechanical injury during the course of birth. The claim is denied.

05-001139N MARIA HERNANDEZ AND JOSE R. HERNANDEZ, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF NATALIE IVETTE HERNANDEZ vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2005)

Division of Administrative Hearings, Florida Filed: Mar. 28, 2005

At issue is whether Natalie Ivette Hernandez, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).The infant was not physically impaired. Therefore, the claim did not qualify for coverage under the Florida Birth-Related Neurological Injury Compensation Association Plan.

Tana Duden Storey