Petitioner: DONNA MANNING AND CHARLES MANNING, AS GUARDIANS OF ARYANNA DREYER, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: SUSAN BELYEU KIRKLAND
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Health Care, Florida
Filed: Oct. 16, 2002
Status: Closed
DOAH Final Order on Wednesday, July 2, 2014.
Latest Update: Jul. 14, 2014
Summary: This cause came on for consideration upon the Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling (Stipulation) filed with the Division of Administrative Hearings on June 30, 2014, by Petitioners, Donna Manning and Charles Manning, and Respondent.Final Order Approving Stipulation for Bathroom/Handicap Modifications
STATE OF FLORIDASTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DONNA MANNING AND CHARLES MANNING, as guardians of ARYANNA DREYER, a minor,
Petitioners,
vs.
FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,
Respondent. / |
Case No. 02-4053N |
FINAL ORDER APPROVING STIPULATION
This cause came on for consideration upon the Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling (Stipulation) filed with the Division of Administrative Hearings on June 30, 2014, by Petitioners, Donna Manning and Charles Manning, and Respondent.
Petitioners and Respondent have come to an agreement regarding a claim filed by Petitioners for bathroom and/or handicap modifications. They have agreed as follows:
Respondent agrees to pay Petitioners $30,000 as a one-time only, lump sum payment for any and all bathroom and/or handicap modifications forever required for any residence.
Petitioners agree and accept this one time payment as a full and final payment towards bathroom and/or handicap modifications to
his/her/their current house located at 28 Upper Pinch Road, Elkview, West Virginia 25071 and agrees that said payment precludes Petitioners’ entitlement to any future payment from NICA for bathroom and/or handicap modifications for this house or any other house purchased, built or rented or lived by Petitioners in the future. Should Petitioners elect to move or have any other modifications performed to his/her/their current home, or any other home purchased, built, rented or lived in by Petitioners, any future modifications will be solely at Petitioners’ expense.
After due consideration of the interests of the parties, and being otherwise fully advised in the premises, it is
ORDERED:
Petitioners’ and Respondent’s Stipulation is approved.
The parties shall abide by the terms of the Stipulation.
DONE AND ORDERED this 2nd day of July, 2014, in Tallahassee,
Leon County, Florida.
S
SUSAN BELYEU KIRKLAND
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 2nd day of July, 2014.
COPIES FURNISHED:
(via certified mail)
Kenney Shipley, Executive Director Florida Birth Related Neurological
Injury Compensation Association 2360 Christopher Place, Suite 1
Tallahassee, Florida 32308
(Certified Mail No. 7014 0150 0002 0389 8110)
David W. Black, Esquire
Frank, Weinberg and Black, P.L.
7805 Southwest 6th Court Plantation, Florida 33324 |
|
(Certified Mail No. 7014 0150 0002 0389 | 8127) |
David M. Caldevilla, Esquire de la Parte and Gilbert, P.A. 101 East Kennedy Boulevard, Suite 2000 Post Office Box 2350 Tampa, Florida 33601 (Certified Mail No. 7014 0150 0002 0389 |
8134) |
Amie Rice, Investigation Manager Consumer Services Unit Department of Health 4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275 (Certified Mail No. 7014 0150 0002 0389 |
8141) |
Elizabeth Dudek, Secretary Health Quality Assurance Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308 (Certified Mail No. 7014 0150 0002 0386 |
3606) |
NOTICE OF RIGHT TO JUDICIAL REVIEW
Review of a final order of an administrative law judge shall be by appeal to the District Court of Appeal pursuant to section 766.311(1), Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy, accompanied by filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal. See
§ 766.311(1), Fla. Stat., and Fla. Birth-Related Neurological Injury Comp. Ass'n v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992).
Docket for Case No: 02-004053N
| Issue Date |
Proceedings |
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Jul. 14, 2014 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jul. 14, 2014 |
Letter to Judge Kirkland from David Caldevilla requesting to be removed from the service list for this case filed.
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Jul. 10, 2014 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jul. 09, 2014 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jul. 07, 2014 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jul. 02, 2014 |
Final Order Approving Stipulation. CASE CLOSED.
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Jul. 02, 2014 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Jun. 30, 2014 |
(Petitioners') Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
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Aug. 20, 2013 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Aug. 19, 2013 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Aug. 14, 2013 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Aug. 12, 2013 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Aug. 12, 2013 |
Final Order Approving Stipulation for Settlement. CASE CLOSED.
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Aug. 08, 2013 |
Letter to Judge Kirkland from D. Black referencing stipulation for settlement filed.
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Aug. 08, 2013 |
Stipulation for Settlement filed.
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Aug. 08, 2013 |
Notice of Appearance (David Black) filed.
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Feb. 14, 2003 |
Final Order Approving Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes issued. CASE CLOSED.
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Feb. 12, 2003 |
Neurology Evaluation and Medical Records filed (not available for viewing). |
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Feb. 12, 2003 |
Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
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Feb. 12, 2003 |
Notice of Filing filed by Respondent.
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Feb. 11, 2003 |
Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes (filed via facsimile).
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Jan. 30, 2003 |
Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statues (filed via facsimile).
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Dec. 02, 2002 |
Order issued. (Respondent`s motion is granted, and Respondent shall have up to and including January 31, 2003, to file its response to the petition)
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Nov. 26, 2002 |
Motion for Extension of Time in Which to Respond to Petition filed by Respondent.
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Nov. 20, 2002 |
Order issued. (Resondent`s motion to accept Kenny Shipley as its qualified representative is granted)
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Nov. 12, 2002 |
Letter to k. Shipley from A. Luchini enclosing birth-related neurological injury claim for compensation with medical records filed.
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Nov. 07, 2002 |
Letter to A. Luchini from R. Theriault enclosing nine additional copies of medical records filed.
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Nov. 05, 2002 |
Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed by K. Shipley.
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Oct. 21, 2002 |
Notice that this case is now before the Division of Administrative Hearings sent out.
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Oct. 18, 2002 |
Letter to parties of record from Ann M. Luchini enclosing NICA claim for compensation with medical records sent out.
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Oct. 16, 2002 |
NICA Medical Records filed (not available for viewing). |
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Oct. 16, 2002 |
Petition for Determination of Benefits Under the Florida Birth-Related Neurological Injury Compensation Plan filed.
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Orders for Case No: 02-004053N
| Issue Date |
Document |
Summary |
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Jul. 02, 2014 |
DOAH Final Order
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Final Order Approving Stipulation for Bathroom/Handicap Modifications
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