. @- @ — DIVISION OF WORKERS * COMPENSATION “is Pat DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY. - OFFICE OF THE JUDGE OF COMPENSATION CLAIMS “0 ro : DISTRICT “I! 3 aU ~ - Pee) *. . ~2a 8 BRITNEY NICOLE NORMAN, a minor, by = “4 and through her parents and natural ~ guardians, BRADLEY NORMAN and : KATHLEEN M. NORMAN, Individually, DATE OF BIRTH: 4/28/90" Claimants, vs. NORMAN S. COHEN, M.D.; NORMAN S. Qa-20 AB N COHEN, M.D., P-A-;7 SAMUEL KAUFMAN, ~ M.D.; SAMUEL KAUFMAN, M.D., P.A.;7 . STEWART P. NEWMAN, M.D., and COHEN, L,) Jk KAUFMAN, AND NEWMAN, M.D., P.A.-, Prospective Defendants. \ FINAL ORDER {THIS CAUSE came on for hearing and consideration by the undersigned Judge of Compensation Claims on October 19, 1992, pursuant to the Petition filed by the Claimants and the Notice of Non-Compensability filed by the Respondent, The FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (*NICA") . in reaching its determination, the Judge of Compensation Claims considered and accepted the following facts as stipulated to by the parties, to-wit: 1. This Court has jurisdiction over the parties hereto and the subject matter hereof. The proper parties to this proceeding pursuant to § 766.307(2), Fla. Stat., are the Claimants and the Respondent, NICA. 2. Venue for this action rests in District “I"-of the Office of Judge of Compensation Claims, Department of Labor And Employment NOV 1 2 4992 @-~ @ . security, Division of Workers Compensation pursuant to § 766.307(1), Fla. Stat. 3. That the parties had proper and adequate notice of the hearing on October 19, 1992. 4. That on April 28, 1990, KATHLEEN NORMAN delivered a female infant known as BRITNEY NICOLE NORMAN, 5. That BRITNEY NICOLE NORMAN was delivered at West Boca Medical Center. 6. The obstetrician who delivered BRITNEY NICOLE NORMAN was Dr. Stewart Newman, M.D. 7. That the Respondence, NICA, filed an Affidavit asserting that Dr. Stewart Newman is not a “participating physician" as defined by § 766.302(7), Fla. Stat., and is not a participating physician in the NEUROLOGICAL INJURY COMPENSATION PLAN. 8. That the birth weight of BRITNEY NICOLE NORMAN was 1215 grams and/or 2 lbs. 11 ozs. at birth. 9. That the Claimants filed a Petition seeking benefits from NICA on or about August 18, 1992. 10. That in response to the Petition, NICA timely filed a Notice of Non-Compensability of this claim. Accordingly, the undersigned Judge of Compensation Claims makes the following findings: 1. The aforecited facts stipulated to by the parties are accepted by the Court and hereby made findings of fact by the Court. 2. Pursuant to § 766.309(1)(a), the injury claimed is not a birth-related neurological injury, in that the infant girl known as e~ @~ BRITNEY NICOLE NORMAN did not weigh at least 2500 grams at birth as defined by and required pursuant to § 766.302(2), Fla. Stat. 3. That pursuant to § 766.309(1)(b), Fla. Stat., Dr. Stewart Newman was not a participating physician as defined by § 766.302(7), Fla. Stat., and therefore the delivery does not meet the requirements of § 766.309(1)(b), Fla. Stat. 4. Pursuant to § 766.309(1)(c), no compensation is awardable pursuant to § 766.31, Fla. Stat. WHEREFORE, it is ordered and adjudged as follows: 1. That the claim filed on or about August 18, 1992, by the Claimants, BRITNEY NICOLE NORMAN, a minor, by and through her parents and natural guardians, BRADLEY NORMAN and KATHLEEN M. NORMAN; and BRADLEY NORMAN and KATHLEEN M. NORMAN, Individually, ought to be and is hereby denied, the Court finding that this Claim is non-compensable. 2. That NICA shall pay no benefits pursuant to § 766.301, et seq, and in particular shall pay no benefits pursuant to § 766.31, Fla. Stat. 3. The Petitioners' claim for recovery of attorney's fees and costs is denied. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach YUov County, Florida, this tO day of Geteber, 1992. OO JUDGE OF COMMENSATION CLAIMS . ~ | » CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the aforedescribed Final Order was mailed this \o day of RAT) , 1992, to the following described parties by Registered or Certified Mail. David W. Black, Esquire Atkinson,Diner,Stone & Cohen, P.A. Attorneys for NICA Post Office Drawer 2088 Hollywood, FL 33022-2088 Sheldon J. Schlesinger, Esq- Attorney for Claimants 1212 S.W. Third Avenue Fort Lauderdale, FL 33316 Britney Nicole Norman, a minor by and through her parents and natural guardians, BRADLEY NORMAN and KATHLEEN M. NORMAN, Indiv. c/o Sheldon J. Schlesinger, Esq. 1212 S.W. Third Avenue Fort Lauderdale, FL 33316 Florida Birth-Related Neurological Injury Compensation Assn c/o Ms. Judy Duell, Accounting/Claims Manager Barnett Bank Building 315 South Calhoun Street, Suite 312 Post Office Box 1528 Tallahassee, FL 32301 meio mailed to all nee ihis Compensation Clai

Docket for Case No: 93-002985N