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MEREDITH ORUC (MOTHER) AND IGOR ORUC (FATHER) ON BEHALF OF AND AS NATURAL GUARDIANS OF NIKOLA TOMAS ORUC, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 20-005581N (2020)

Court: Division of Administrative Hearings, Florida Number: 20-005581N Visitors: 48
Petitioner: MEREDITH ORUC (MOTHER) AND IGOR ORUC (FATHER) ON BEHALF OF AND AS NATURAL GUARDIANS OF NIKOLA TOMAS ORUC, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: W. DAVID WATKINS
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Tallahassee, Florida
Filed: Dec. 28, 2020
Status: Closed
DOAH Final Order on Tuesday, April 20, 2021.

Latest Update: Dec. 23, 2024
Summary: This cause came on for consideration pursuant to sections 766.304 and 766.305(7), Florida Statutes, upon the Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes (Stipulation and Joint Petition), filed with the Division of Administrative Hearings on March 30, 2021, for the entry of an order approving the resolution of a claim for compensation benefits filed in accordance with the provisions of
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STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MEREDITH ORUC (MOTHER) AND IGOR ORUC (FATHER) ON BEHALF OF AND AS NATURAL GUARDIANS OF NIKOLA TOMAS ORUC, A MINOR,



vs.

Petitioners,


Case No. 20-5581N


FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,


Respondent.

/


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 April 13, 2021, by Petitioners, Meredith Oruc and Igor Oruc, and Respondent, Florida Birth-Related Neurological Injury Compensation Association.


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 Petitioner(s) $30,000.00 as a one-time only, lump sum payment for any and all bathroom and/or handicap modifications forever required for any residence.


Petitioner(s) agree(s) and accept(s) this one time payment as a full and final payment towards bathroom and/or handicap modifications to his/her/their current house located at 7430 Kentfield Drive, Knoxville, Tennessee 37919, 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 in by Petitioner(s) in the future. Should Petitioner(s) 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 Petitioner(s), 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:

  1. Petitioners and Respondent’s Stipulation is approved.

  2. The parties shall abide by the terms of the Stipulation.


DONE AND ORDERED this 20th day of April, 2021, in Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS Administrative Law Judge 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

www.doah.state.fl.us


Filed with the Clerk of the

Division of Administrative Hearings this 20th day of April, 2021.


COPIES FURNISHED:

(via certified mail)


Amie Rice, Investigation Manager Consumer Services Unit Department of Health

4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275

(Certified No. 7020 2450 0000 1058 7315)


Kenney Shipley, Executive Director Florida Birth-Related Neurological Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(Certified No. 7020 2450 0000 1058 7339)

Simone Marstiller, Secretary

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(Certified No. 7020 2450 0000 1058 7322)


Meredith Oruc Igor Oruc

7430 Kentfield Drive

Knoxville, Tennessee 37919

(Certified No. 7020 2450 0000 1058 7346)


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: 20-005581N
Issue Date Proceedings
Jul. 07, 2021 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 14, 2021 Certified Return Receipt received this date from the U.S. Postal Service.
May 25, 2021 Certified Return Receipt received this date from the U.S. Postal Service.
May 06, 2021 Undeliverable envelope returned from the Post Office.
Apr. 30, 2021 Certified Return Receipt received this date from the U.S. Postal Service.
Apr. 20, 2021 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Apr. 20, 2021 Final Order Approving Stipulation. CASE CLOSED.
Apr. 13, 2021 Stipulation Pertaining to Lump Sum Payment for Bathroom and/ or Handicap Modifications of Dwelling filed.
Apr. 08, 2021 Certified Return Receipt received this date from the U.S. Postal Service.
Apr. 01, 2021 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Apr. 01, 2021 Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
Mar. 30, 2021 Notice of Filing (Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
Mar. 15, 2021 Motion to Determine Confidentiality of Document filed.
Mar. 15, 2021 Response to Petition for Benefits filed (medical records, not available for viewing). 
 Confidential document; not available for viewing.
Feb. 09, 2021 Undeliverable envelope returned from the Post Office.
Jan. 28, 2021 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jan. 28, 2021 Initial Order.
Jan. 28, 2021 Letter to Kenney Shipley from Loretta Sloan enclosing NICA claim for compensation.
Jan. 28, 2021 Order (Motion to accept K. Shipley as qualified representative granted).
Jan. 19, 2021 Motion to Act as a Qualified Representative before the Division of Administrative Hearings filed.
Jan. 14, 2021 Letter to Terri Dikko from Kelly Freeman enclosing additional information filed.
Dec. 28, 2020 NICA filing fee (Check No. 8519; $15.00 filed; not available for viewing).
Dec. 28, 2020 Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

Orders for Case No: 20-005581N
Issue Date Document Summary
Apr. 20, 2021 DOAH Final Order Order approving stipulation for lump sum payment for bathroom and/or handicap modifications of dwelling.
Apr. 01, 2021 DOAH Final Order Final Order approving Stipulation for NICA compensation.
Source:  Florida - Division of Administrative Hearings

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