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ALMA HURTIC AND EDIN HURTIC, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS OF ELDEN HURTIC, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 14-003550N (2014)

Court: Division of Administrative Hearings, Florida Number: 14-003550N Visitors: 29
Petitioner: ALMA HURTIC AND EDIN HURTIC, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS OF ELDEN HURTIC, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: BARBARA J. STAROS
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Jacksonville, Florida
Filed: Jul. 30, 2014
Status: Closed
DOAH Final Order on Thursday, May 24, 2018.

Latest Update: Jun. 20, 2018
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 November 13, 2014, for the entry of an order approving the resolution of a claim for compensation benefits filed in accordance with the provisions
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STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


ALMA HURTIC AND EDIN HURTIC,

individually and as parents and next friends of ELDEN HURTIC, a minor,



vs.

Petitioners,


Case No. 14-3550N


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 18, 2018, by Petitioners, Alma Hurtic and Edin Hurtic, 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 646 Los Alamos Street,

St. Augustine, FL 32095, 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 24th day of May, 2018, in Tallahassee, Leon County, Florida.

S


TODD P. RESAVAGE

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 24th day of May, 2018.


COPIES FURNISHED:

(via certified mail)


Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail Number 7018 0040


0000


9773


6789)

Allison C. McMillen, Esquire McMillen Law Firm, P.A.

608 East Central Boulevard Orlando, Florida 32801 (eServed)

(Certified Mail Number 7018 0040


0000


9773


6796)

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified Mail Number 7018 0040


0000


9773


6802)


Justin Senior, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308 (eServed)

(Certified Mail Number

7018 0040 0000

9773

6819)

Alma Hurtic




Edin Hurtic




646 Los Alamos Street




St. Augustine, Florida

32095



(Certified Mail Number

7018 0040 0000

9773

6826)


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: 14-003550N
Issue Date Proceedings
Jun. 20, 2018 Certified Return Receipt received this date from the U.S. Postal Service.
Jun. 04, 2018 Undeliverable envelope returned from the Post Office.
May 31, 2018 Certified Return Receipt received this date from the U.S. Postal Service.
May 29, 2018 Certified Return Receipt received this date from the U.S. Postal Service.
May 24, 2018 Certified Mail Receipts stamped this date by the U.S. Postal Service.
May 24, 2018 Final Order Approving Stipulation. CASE CLOSED.
Apr. 18, 2018 Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
Dec. 01, 2014 Undeliverable envelope returned from the Post Office.
Nov. 21, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Nov. 20, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Nov. 19, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Nov. 17, 2014 Final Order Approving Stipulation for Entry of Award. DOAH JURISDICTION RETAINED.
Nov. 17, 2014 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Nov. 13, 2014 (Respondent's) Notice of Filing (of stipulation and joint petition) filed.
Oct. 30, 2014 Letter to Allison McMillen from Kenney Shipley regarding medical records (not available for viewing) filed.
Oct. 30, 2014 Respondent's Notice of Filing Medical Records (not available for viewing) filed.
Oct. 22, 2014 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Oct. 22, 2014 Letter to parties of record from Judge Staros.
Sep. 29, 2014 Order Granting Extension of Time.
Sep. 26, 2014 (Respondent's) Motion for Extension of Time in Which to Respond to Petition filed.
Sep. 18, 2014 Notice of Case Reassignment.
Aug. 21, 2014 Order (motion to accept K. Shipley as qualified representative granted).
Aug. 06, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Aug. 05, 2014 Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
Aug. 04, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Jul. 31, 2014 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jul. 31, 2014 Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
Jul. 31, 2014 Initial Order.
Jul. 30, 2014 Letter to Claudia Llado from Allison McMillen enclosing NICA filing fee $15.00: Check No. 5343 filed (not available for viewing).
Jul. 01, 2014 Petition for Determination of NICA Coverage filed.

Orders for Case No: 14-003550N
Issue Date Document Summary
May 24, 2018 Second DOAH FO Order approving Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling.
Nov. 17, 2014 DOAH Final Order Final Order approving the Association's acceptance of the claim for compensation.
Source:  Florida - Division of Administrative Hearings

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