FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, PETITIONER,
v.
DIVISION OF ADMINISTRATIVE HEARINGS, ET AL. RESPONDENTS
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An administrative law judge has jurisdiction to determine notice issues in a NICA proceeding when notice is raised as part of the claim.
The Second District Court of Appeal certified conflict regarding an ALJ's authority to determine notice issues in a NICA proceeding. The Supreme Court…
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PER CURIAM.
We have for review Florida Health Sciences Center, Inc. v. Division of Administrative Hearings, 871 So. 2d 1062 (Fla. 2d DCA 2004), in which the Second District Court of Appeal certified conflict with other district courts of appeal on the issue of whether an administrative law judge (“ALJ”) has the authority to determine issues related to notice in a Florida Neurological Injury Compensation Act (“NICA”) proceeding. We have jurisdiction. See art. V, § (3)(b)(4), Fla. Const. We stayed this case pending disposition in Florida Birth-Related Neurological Injury Compensation Ass’n v. Florida Division of Administrative Hearings, 948 So. 2d 705, 707 (Fla.2007) (“NICA v. DOAH ”), in which we ultimately held that “when notice is raised as part of a claim filed under NICA, an ALJ has jurisdiction to make findings regarding whether a health care provider has satisfied the ‘notice to obstetrical patients’ requirement of section 766.316, Florida Statutes (Supp. 1998).” We thus directed the respondents in the present case to show cause why we should not exercise our jurisdiction, summarily quash the decision under review, and remand for reconsideration in light of our decision in NICA v. DOAH. Upon consideration of the respondents’ responses and the petitioner’s reply thereto, we have determined to do just that.
We accordingly grant the petition for review in the present case, quash the decision under review, and remand this matter to the Second District Court of Appeal for reconsideration upon application of this Court’s decision in NICA v. DOAH.
It is so ordered.
WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur. LEWIS, C.J., dissents.
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Citator
Cited By
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Fla. Health Scis. Ctr., Inc. v. Division OF Administrative Hearings and Sandra Nap Britt and Frank Britt, 974 So. 2d 1096 (Fla. 2d DCA 2007)…available to the health care providers. See Fla. Health Scis. Ctr., Inc. v. Div. of Admin. Hearings, 871 So. 2d 1062 (Fla. 2d DCA 2004). However, in Florida Birth-Related Neurological Injury Compensation Ass’n v. Division of Administrative Hearings, 955 So. 2d 529 (Fla.2007), the Florida Supreme Court quashed our decision and remanded this matter to this court for further consideration. In doing so, the supreme court quoted from its opinion in Florida Birth-Related Neurological Injury Compensation Ass’n v. Fl…
Authorities Cited
- Fla. Birth-Related Neurological Injury Comp. Ass'n v. Florida Division OF Administrative Hearings, 948 So. 2d 705 (Fla. 2007)
- Fla. Health Scis. Ctr., Inc. v. Division OF Administrative Hearings and Sandra Nap Britt and Frank Britt, 871 So. 2d 1062 (Fla. 2d DCA 2004)