Division of Administrative Hearings, Florida
Filed: Oct. 02, 2008
Whether Christian Ross Morrill, Jr., a deceased minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). If so, the amount and manner of payment of an award to the parents, the reasonable expenses incurred in connection with the filing of the claim, including reasonable attorney's fees, and the amount owing for expenses previously incurred. Whether the administrative law judge has jurisdiction to determine the applicability of the willful and wanton exception to Plan exclusivity, set forth in Section 766.303(2), Florida Statutes (2007).1ALJ lacks jurisdiction to resolve willful and wanton exception to Plan exclusivity. Claim compensable and award made.
