Petitioner: GLENDA FLOWERS AND JOSHUA ROBERT STORM, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF ETHON ROBERT STORM, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: TODD P. RESAVAGE
Agency: Florida Birth-Related Neurological Injury Compensation Association
Latest Update: Jul. 06, 2009
Summary: Order approving stipulation for lump sum payment for bathroom and/or handicap modifications of dwelling.
STATE OF FLORIDASTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
GLENDA FLOWERS AND JOSHUA ROBERT STORM, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF ETHON ROBERT STORM, A MINOR,
Petitioners,
vs.
FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,
Respondent and WINTER HAVEN HOSPITAL, INC., VINCENT W. GATTO, M.D., TONYA NICHOLSON, C.M.N., AND BOND & STEELE CLINIC, P.A., D/B/A BOND CLINIC, P.A.,
Intervenor. / |
Case No. 08-6406N |
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 23, 2021, by Petitioner, Glenda Connell, and Respondent, Florida Birth- Related Neurological Injury Compensation Association (NICA).
Petitioner and Respondent have come to an agreement regarding a claim filed by Petitioner for bathroom and/or handicap modifications. They have agreed as follows:
Respondent agrees to pay Petitioner $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 4375 Ramblewood N., Mulberry, FL 33860, and agrees that said payment precludes Petitioner’s 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 Petitioner’s expense.
After due consideration of the interests of the parties, and being otherwise fully advised in the premises, it is
ORDERED:
Petitioner’s and Respondent’s Stipulation is approved.
The parties shall abide by the terms of the Stipulation
DONE AND ORDERED this 28th day of April, 2021, in Tallahassee, Leon County, Florida.
S
TODD P. RESAVAGE
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 28th 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 0002 1970 2991)
Kenney Shipley, Executive Director Florida Birth-Related Neurological Injury Compensation Association Suite 1 2360 Christopher Place Tallahassee, Florida 32308 (Certified No. 7020 2450 0002 1970 3004) | Simone Marstiller, Secretary Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 1 Tallahassee, Florida 32308 (Certified No. 7020 2450 0002 1970 3011)
Glenda Connell 4375 Ramblewood North Mulberry, Florida 33860 (Certified No. 7020 2450 0002 1970 3028) |
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: 08-006406N
| Issue Date |
Proceedings |
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Jun. 14, 2021 |
Certified Return Receipt received this date from the U.S. Postal Service.
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May 07, 2021 |
Undeliverable envelope returned from the Post Office.
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May 06, 2021 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Apr. 28, 2021 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Apr. 28, 2021 |
Final Order Approving Stipulation. CASE CLOSED.
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Apr. 23, 2021 |
Stipulation Pertaining Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
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Jul. 06, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jul. 06, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jul. 01, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jun. 29, 2009 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Jun. 29, 2009 |
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. CASE CLOSED.
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Jun. 16, 2009 |
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.
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Jun. 16, 2009 |
Letter to parties of record from Judge Kendrick acknowledging receipt of the stipulation filed June 15, 2009.
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Jun. 15, 2009 |
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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Jun. 04, 2009 |
Letter to parties of record from Judge Kendrick regarding filing your stipulated resolution.
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Jun. 03, 2009 |
Letter to Judge Kendrick from E. Pujol informing that parties have reach an agreement filed.
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May 11, 2009 |
Order (parties to adise of status on or before June 2, 2009).
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May 08, 2009 |
Respondent's Response to Order of May 8, 2009 filed.
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Apr. 23, 2009 |
Order (parties to advise of status by May 8, 2009).
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Apr. 22, 2009 |
CASE STATUS: Pre-Hearing Conference Held. |
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Apr. 16, 2009 |
Letter to Judge Kendrick from R. Grace, Jr. regarding telephone conference filed.
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Apr. 10, 2009 |
Letter to Judge Kendrick from R. Grace, Jr. regarding the telephone conference filed.
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Apr. 08, 2009 |
Notice of Filing (Report of D. Willis and Report of R. Fernandez) filed (not available for viewing). |
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Apr. 08, 2009 |
Response to Petition for Benefits filed.
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Mar. 12, 2009 |
Notice of Appearance (filed by R. Grace).
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Mar. 12, 2009 |
Notice of Appearance (filed by R. Grace).
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Mar. 02, 2009 |
Order (Vincent W. Gatto, M.D.; Tonya Nicholson, C.M.N.; and Bond & Steele Clinic, P.A. d/b/a Bond Clinic, P.A. are granted Intervenor status).
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Feb. 18, 2009 |
Motion to Intervene (Vincent W. Gatto, M.D.; Tonya Nicholson, C.M.N.; and Bond & Steele Clinic, P.A. d/b/a Bond Clinic, P.A.) filed.
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Feb. 17, 2009 |
Order (Granting Winter Haven Hospital, Inc.`s Motion to Intervene).
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Feb. 13, 2009 |
Order Granting Extension of Time (response to the petition to be filed by April 8, 2009).
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Feb. 11, 2009 |
Motion for Extension of Time in Which to Respond to Petition filed.
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Feb. 05, 2009 |
Motion to Intervene (filed by Winter Haven Hospital, Inc.) filed.
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Jan. 21, 2009 |
Order (Motion to accept K. Shipley as qualified representative granted).
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Jan. 08, 2009 |
Motion to Act as Qualified Representative before the Division of Administrative Hearings filed.
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Jan. 06, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Dec. 29, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Dec. 24, 2008 |
Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
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Dec. 24, 2008 |
Notice sent out that this case is now before the Division of Administrative Hearings.
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Dec. 24, 2008 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Dec. 23, 2008 |
NICA filing fee (Check No. 002000; $15.00) filed (not available for viewing). |
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Dec. 23, 2008 |
Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.
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Orders for Case No: 08-006406N
| Issue Date |
Document |
Summary |
|
Apr. 28, 2021 |
DOAH Final Order
|
Order approving stipulation for lump sum payment for bathroom and/or handicap modifications of dwelling.
|
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Jun. 29, 2009 |
DOAH Final Order
|
Final Order approving Association's acceptance of the claim for compensation.
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