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05-000365N Yolanda Kinsler And Lloyd Kinsler, On Behalf Of And As Parents And Natural Guardians Of Laxavier Kinsler, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Friday, August 19, 2016.

View Dockets  
Summary: Final Order Approving Stipulation pertaining to bathroom and/or handicap modifications.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8YOLANDA KINSLER AND LLOYD

12KINSLER, on behalf of and as

18parents and natural guardians of

23LAXAVIER KINSLER, a minor ,

27Petitioner s ,

29vs. Case No. 05 - 0365N

35FLORIDA BIRTH - RELATED

39NEUROLOGICAL INJURY COMPENSATION

42ASSOC IATION,

44Respondent .

46_______________________________/

47FINAL ORDER APPROVING STIPULATION

51This cause came on for consideration upon the Corrected

60Stipulation Pertaining to Lump Sum Payment for Bathroom and/or

69Handicap Modif ications of Dwelling (Stipulation) filed with the

78Division of Administrative Hearings on August 18, 2016 , by

87Petitioners, Yolanda and Lloyd Kinsler , and Respondent, Florida

95Birth - Related Neurological Injury Compensation Association.

102Petitioners and Respond ent have come to an agreement

111regarding a claim filed by Petitioners for bathroom and/or

120handicap modifications. They have agreed as follows:

127Respondent agrees to pay Petitioner(s)

132$30,000 .00 as a one - time only, lump sum

143payment for any and all bathroom a nd/or

151handicap modifications forever required for

156any residence.

158Petitioner(s) agree (s) and accept(s) this

164one - time payment as a full and final payment

174toward bathroom and/or handicap modifications

179to his/her/their current house located at

1858700 SW 138 TH T ERRACE, DUNNELLON, FL 34432 ,

194and agrees that said payment precludes

200PetitionersÓ entitlement to any future

205payment from NICA for bathroom and/or

211handicap modifications for this house or any

218other house purchased, built or rented or

225lived in by Petitioner(s ) in the future.

233Should Petitioner(s) elect to move or have

240any other modifications performed to

245his/her/their current home, or any other home

252purchased, built, rented or lived in by

259Petitioner(s), any future modifications will

264be solely at PetitionersÓ e xpense.

270After due consideration of the interests of the parties, and

280being otherwise fully advised in the premises, it is

289ORDERED:

2901. PetitionersÓ and RespondentÓs Stipulation is approved.

2972. The parties shall abide by the terms of the Stipulation.

308DO NE AND ORDERED this 19th day of August , 2016 , in

319Tallahassee, Leon County, Florida.

323S

324BARBARA J. STAROS

327Administrative Law Judge

330Division of Administrative Hearings

334The DeSoto Building

3371230 Apalachee Parkway

340Tallahassee, Florida 32399 - 3060

345(850) 488 - 9675

349Fax Filing (850) 921 - 6847

355www.doah.state.fl.us

356Filed with the Clerk of the

362Division of Administrative Hearings

366this 19th day of August , 2016 .

373COPIES FURNISHED:

375(via certified mail)

378Lloyd Kinsler

380Yolanda Kinsler

3828700 Southwest 138th Terrace

386Dunnellon, Florida 34432

389(Certified Mail No. 7015 0640 0001 2700 7398)

397Kenney Shipley, Executive Director

401Florida Birth Related Neurological

405Injury Compensation Association

4082360 Christopher Place, Suite 1

413Tallahassee, Florida 3 2308

417(eServed)

418(Certified Mail No. 7015 0640 0001 2700 7404 )

427Amie Rice, Investigation Manager

431Consumer Services Unit

434Department of Health

4374052 Bald Cypress Way, Bin C - 75

445Tallahassee, Florida 32399 - 3275

450(Certified Mail No. 7015 0640 0001 2700 7411)

458Eliz abeth Dudek, Secretary

462Health Quality Assurance

465Agency for Health Care Administration

4702727 Mahan Drive, Mail Stop 1

476Tallahassee, Florida 32308

479(eServed)

480(Certified Mail No. 7015 0640 0001 2700 7428)

488NOTICE OF RIGHT TO JUDICIAL REVIEW

494Review of a fina l order of an administrative law judge shall be

507by appeal to the District Court of Appeal pursuant to section

518766.311(1), Florida Statutes. Review proceedings are governed by

526the Florida Rules of Appellate Procedure. Such proceedings are

535commenced by fil ing the original notice of administrative appeal

545with the a gency c lerk of the Division of Administrative Hearings

557within 30 days of rendition of the order to be reviewed, and a

570copy, accompanied by filing fees prescribed by law, with the

580clerk of the appro priate District Court of Appeal. See

590§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurological

600Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

6121992).

Dockets
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PDF
Date
Proceedings
PDF:
Date: 08/30/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/24/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/23/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/19/2016
Proceedings: DOAH Final Order
PDF:
Date: 08/19/2016
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 08/19/2016
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
PDF:
Date: 08/18/2016
Proceedings: Corrected Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
PDF:
Date: 08/16/2016
Proceedings: Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
PDF:
Date: 05/26/2005
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/24/2005
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/23/2005
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/20/2005
Proceedings: DOAH Final Order
PDF:
Date: 05/20/2005
Proceedings: Certified Mail Receipt (USPS).
PDF:
Date: 05/20/2005
Proceedings: Certified Mail Receipt (USPS).
PDF:
Date: 05/20/2005
Proceedings: Certified Mail Receipt (USPS).
PDF:
Date: 05/20/2005
Proceedings: 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.
PDF:
Date: 05/18/2005
Proceedings: Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
PDF:
Date: 05/18/2005
Proceedings: Amended Notice of Filing filed.
PDF:
Date: 05/16/2005
Proceedings: Order (no action will be taken on the Stipulation and Joint Petition until the discrepancies are corrected).
PDF:
Date: 04/29/2005
Proceedings: Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
PDF:
Date: 04/29/2005
Proceedings: Notice of Filing filed.
PDF:
Date: 04/20/2005
Proceedings: Order (Respondent`s Motion for Extension of Time in which to Respond to Petition granted, Respondent shall have up to and including May 13, 2005, to file its response to the Petition).
PDF:
Date: 04/12/2005
Proceedings: Motion for Extension of Time in which to Repond to Petition filed.
PDF:
Date: 03/24/2005
Proceedings: Order Granting Intervention (Marion Community Hospital, Inc., d/b/a Ocala Regional Medical Center).
PDF:
Date: 03/21/2005
Proceedings: Marion Community Hospital, Inc. d/b/a Ocala Regional Medical Center`s Petition for Leave to Intervene Pursuant to Florida Administrative Code Rule 28-106.205 filed.
PDF:
Date: 03/21/2005
Proceedings: Notice of Appearance (filed by R. Schwamm, Esquire).
PDF:
Date: 03/16/2005
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 03/15/2005
Proceedings: Order (Respondent`s Motion for Extension of Time in which to Respond to Petition granted, response to petition due April 14, 2005).
PDF:
Date: 03/14/2005
Proceedings: Motion for Extension of Time in Which to Respond to Petition (filed by Respondent).
PDF:
Date: 03/03/2005
Proceedings: Motion to Act as a Qualified Representative before the Division of Administrative Hearings (filed by K. Shipley).
PDF:
Date: 02/03/2005
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/02/2005
Proceedings: Certified Return Receipts received this date from the U.S. Postal Service.
PDF:
Date: 02/01/2005
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/28/2005
Proceedings: Certified Mail Receipt stamped this date by the U.S. Postal Service.
PDF:
Date: 01/28/2005
Proceedings: Letter to Kenney Shipley from Ann Cole enclosing NICA claim for compensation.
PDF:
Date: 01/28/2005
Proceedings: Notice sent out that this case is now before the Division of Administrative Hearings.
Date: 01/27/2005
Proceedings: NICA Filing Fee (confidential, not available for viewing).
PDF:
Date: 01/27/2005
Proceedings: Petition for Benifits Pursuant to Florida Statute Section 766.301 et. seq. filed.

Case Information

Judge:
WILLIAM J. KENDRICK
Date Filed:
08/16/2016
Date Assignment:
08/16/2016
Last Docket Entry:
08/30/2016
Location:
Dunnellon, Florida
District:
Northern
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related Florida Statute(s) (6):