STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CEITHA TOMLIN-ALLEN, o/b/a )

MONTRAY ALLEN, )

)

Petitioner, )

)

vs. ) CASE NO. 93-3350N

) FLORIDA BIRTH-RELATED NEUROLOGICAL ) INJURY COMPENSATION ASSOCIATION, )

)

Respondent. )

)

ORDER ADMINISTRATIVELY CLOSING FILE

This cause came on for consideration of petitioner's response to the order of June 26, l993, directing the parties to show good cause in writing, if any they can, as to why the file of the Division of Administrative Hearings should not be closed.

The order to show cause of June 26, 1993, provided: Pursuant to Chapter 93.251, Laws of

Florida, the provisions of Sections 766.301 - 766.316, Florida Statutes, the "Florida

Birth-Related Neurological Injury Compensation Act," were amended to provide for the determination of claims by hearing officers of the Division of Administrative Hearings instead of judges of compensation claims. As a consequence, all Florida Birth- Related Neurological Injury Compensation case files of the Florida Department of Labor and Employment Security, Division of Workers' Compensation, were transferred to the Division of Administrative Hearings whether the claim had been resolved or remained pending.

Upon review of the file in the above-styled matter, it appears that an "order approving stipulation and joint petition for complete and final settlement of claims arising out of birth-related neurological injury pursuant to

Chapter 766, Florida Statutes," was entered on October 29, 1992, and the subject claim satisfied. Accordingly, it is

ORDERED that the parties show good cause in writing, if any they can, on or before August 13, 1993, as to why the file of the Division of Administrative Hearings should not be closed.

Petitioner's response to the foregoing order, filed August 2, 1993, provided:

1. The Order to Show Cause inaccurately states that the subject claims has been "satisfied."

2. The subject claim is not satisfied. This three year old boy is in constant need of ongoing present and future care and treatment.

3. The Stipulation and Joint Petitioner entered into by and between the parties on September 22, 1992 clearly provides that the Florida Birth-Related Neurological Injury Compensation Association "shall pay all reasonable and necessary medical expenses, past and future. (emphasis supplied - see

   in particular paragraphs 8(b), 9, 11 and 17).

4. In fact, in paragraph 11 of the Stipulation it is specifically stated that the claim for compensation from the Association is hereby deemed to be satisfied in its entirety:

   except to the extent provided as it pertains to the future payment of medical expense as authorized by s.766.3l Florida Statutes.

5. In the October 29, 1992 Order it is specifically provided by the Judge of Compensation Claims that:

   the Court shall retain jurisdiction to enforce the terms and conditions of the Stipulation and Joint Petition.

6. According, it is respectfully submitted that the Division of Administrative Hearings should not close this file. The file needs to remain open and for jurisdiction to be

retained in order to enforce the terms and conditions of the Stipulation and Joint Petition, and the continuing obligation of

the Association to provide future care and treatment.

Upon consideration of petitioner's response, it is concluded that it fails to demonstrate good cause why the file of the Division of Administrative Hearings (Division) should not be administratively closed. While it is true, as alleged by petitioner, that the claim was satisfied "except to the extent provided as it pertains to the future payment of medical expenses as authorized by s. 766.31, Florida Statutes, and that jurisdiction was retained "to enforce the terms and conditions of the Stipulation and Joint Petitioner," the fact remains that there are currently no disputes between the parties of record and, therefore, no reason that the Division should continue to maintain this file, administratively, in an active or open status. Closure under such circumstances is not tantamount to an act of finality and does not serve to terminate the jurisdiction of the Division to enforce the terms of the Stipulation and Joint Petition should a dispute arise in the future or to resolve a future dispute regarding future payment of medical expenses. A mere request filed with the Division bearing this case number, outlining the basis of any future dispute and a request that the file be reopened, would result in the administrative reopening of the case file and the institution of normal procedures, including a hearing if necessary, to resolve the dispute. Accordingly, it is

ORDERED that the file of the Division of Administrative Hearings is administratively closed. Such closure is administrative in nature only, and does not deprive the Division of Administrative Hearings of jurisdiction to enforce the terms and conditions of the Stipulation and Joint Petition or to entertain any subsequent disputes that may arise regarding future payment of medical expenses as authorized by Section 766.31, Florida Statutes.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 2nd day of September 1993.

WILLIAM J. KENDRICK, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings

this 2nd day of September 1993.

COPIES FURNISHED:

Stephen G. Fisher, Esquire One Datran Center, No. 1001 9100 South Dadeland Boulevard Miami, Florida 33156

Lynn Dickinson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association Barnett Bank, Suite 312

315 Calhoun Street Tallahassee, Florida 32302

Docket for Case No: 93-003350N

Orders for Case No: 93-003350N