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Home » Cases Under Administrative Hearing » 09-004817N

09-004817N Joseph H. Lee, On Behalf Of And As Parent And Natural Guardian Of Emerson Valinda Lee, A Minor Child vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Friday, August 5, 2016.

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

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8JOSEPH H. LEE, on behalf of and

15as parent and natural guardian

20of EMERSON VALINDA LEE, a minor

26child,

27Petitioner,

28vs. Case No. 09 - 4817N

34FLORIDA BIRTH - RELATED

38NEUROLOGICAL INJURY COMPENSATION

41ASSOCIATION,

42Respondent .

44_____ __________________________/

46FINAL ORDER APPROVING STIPULATION

50This cause came on for consideration upon the Stipulation

59Pertaining to Lump Sum Payment for Bathroom and/or Handicap

68Modifications of Dwelling (St ipulation) filed with the Division

77of Administrative Hearings on August 5, 2016 , by Petitioner,

86Joseph H. Lee and Respondent, Florida Birth - Related Neurological

96Injury Compensation Association.

99Petitioner and Respondent have come to an agreement

107regarding a claim filed by Petitioner for bathroom and/or

116handicap modifications. They have agreed as follows:

123Respondent agrees to pay to Petitioner ( s )

132$ 11 , 853.62 as a one - time only, lump sum

143payment IN ADDITION TO THE $18,146.38

150PREVIOUSLY PAID WHICH WILL TOTAL $ 30,000.00

158for any and all bathroom and/or handicap

165modifications forever required for any

170residence.

171Petitioner(s) agree (s) and accept(s) this

177one - time payment as a full and final payment

187toward bathroom and/or handicap modifications

192to his/her/their curr ent house located at

1991 7013 ASPEN MEADOWNS DRIVE, LUTZ, FL 33548 ,

207and agrees that said payment precludes

213Petitioner Ó( s ) entitlement to any future

221payment from NICA for bathroom and/or

227handicap modifications for this house or any

234other house purchased, built or rented or

241lived in by Petitioner(s) in the future.

248Should Petitioner(s) elect to move or have

255any other modifications performed to

260his/her/their current home, or any other home

267purchased, built, rented or lived in by

274Petitioner(s), any future modifica tions will

280be solely at PetitionersÓ expense.

285After due consideration of the interests of the parties, and

295being otherwise fully advised in the premises, it is

304ORDERED:

3051. PetitionerÓ s and RespondentÓs Stipulation is approved.

3132. The parties shall abi de by the terms of the Stipulation.

325DONE AND ORDERED this 5th day of August , 2016 , in

335Tallahassee, Leon County, Florida.

339S

340BARBARA J. STAROS

343Administrative Law Judge

346Division of Administrative Hearings

350The DeSoto Buildin g

3541230 Apalachee Parkway

357Tallahassee, Florida 32399 - 3060

362(850) 488 - 9675

366Fax Filing (850) 921 - 6847

372www.doah.state.fl.us

373Filed with the Clerk of the

379Division of Administrative Hearings

383this 5th day of August , 2016 .

390COPIES FURNISHED:

392(via certified mail)

395Kenney Shipley, Executive Director

399Florida Birth Related Neurological

403Injury Compensation Association

4062360 Christopher Place, Suite 1

411Tallahassee, Florida 32308

414(eServed)

415(Certified Mail No. 7015 0640 0003 7652 5384)

423Joseph H. Lee

42617013 Aspen Meadows Drive

430Lutz, Florida 33548

433(Certified Mail No. 7015 0640 0003 7652 5391)

441Amie Rice, Investigation Manager

445Consumer Services Unit

448Department of Health

4514052 Bald Cypress Way, Bin C - 75

459Tallahassee, Florida 32399 - 3275

464(Certified Mail No. 7015 0640 0003 7652 5407)

472Elizabeth Dudek, Secretary

475Health Quality Assurance

478Agency for Health Care Administration

4832727 Mahan Drive, Mail Stop 1

489Tallahassee, Florida 32308

492(eServed)

493(Certified Mail No. 7015 0640 0003 7652 5414)

501NOTICE OF RIGHT TO JUDICIAL REVIEW

507Rev iew of a final order of an administrative law judge shall be

520by appeal to the District Court of Appeal pursuant to section

531766.311(1), Florida Statutes. Review proceedings are governed by

539the Florida Rules of Appellate Procedure. Such proceedings are

548com menced by filing the original notice of administrative appeal

558with the a gency c lerk of the Division of Administrative Hearings

570within 30 days of rendition of the order to be reviewed, and a

583copy, accompanied by filing fees prescribed by law, with the

593clerk of the appropriate District Court of Appeal. See

602§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurological

612Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

6241992).

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 08/19/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/10/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/09/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/05/2016
Proceedings: DOAH Final Order
PDF:
Date: 08/05/2016
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 08/05/2016
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
PDF:
Date: 08/04/2016
Proceedings: Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
PDF:
Date: 06/01/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/27/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/25/2010
Proceedings: DOAH Final Order
PDF:
Date: 05/25/2010
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 05/25/2010
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 05/25/2010
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: 05/24/2010
Proceedings: Stipulation and Joint Petition for Copmensation of Claim Arising out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766,Florida Statutes filed.
PDF:
Date: 05/07/2010
Proceedings: Letter to parties of record from Judge Davis.
PDF:
Date: 05/05/2010
Proceedings: Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Bith-Related Neurological Pursuant to Chapter 766. Florida Statutes filed.
PDF:
Date: 02/26/2010
Proceedings: Letter to parties of record from Judge Davis.
PDF:
Date: 02/22/2010
Proceedings: Notice of Compensability and Request for Evidentiary Hearing on Compensability filed.
PDF:
Date: 02/09/2010
Proceedings: Certified Return Receipt for September 4, 2009, not received from Henry Valenzuela.
PDF:
Date: 02/09/2010
Proceedings: Order Granting Extension of Time (response to petition to be filed by February 22, 2010).
PDF:
Date: 02/05/2010
Proceedings: NICA's Fourth Motion for Extension of Time to Respond to Petition filed.
PDF:
Date: 12/15/2009
Proceedings: Order Granting Extension of Time (response to the petition to be filed by February 5, 2010).
PDF:
Date: 12/09/2009
Proceedings: NICA's Third Motion for Extension of Time to Respond to Petition filed.
PDF:
Date: 12/07/2009
Proceedings: NICA's Second Motion for Extension of Time to Respond to Petition filed.
PDF:
Date: 11/16/2009
Proceedings: Letter to D. Black from H. Valenzuela regarding Petitioner's non-objection to NICA's desire to have a CME of Emerson presently scheduled with Dr. Fernandez on November 23, 2009 filed.
PDF:
Date: 11/09/2009
Proceedings: Motion to Compel IME filed.
PDF:
Date: 11/03/2009
Proceedings: Order Granting Extension of Time (response to the petition to be filed by December 7, 2009).
PDF:
Date: 10/28/2009
Proceedings: Notice of Appearance (of D. Black) filed.
PDF:
Date: 10/22/2009
Proceedings: Order Granting Petition to Intervene (Richard S. Dillion M.D.).
PDF:
Date: 10/20/2009
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 10/07/2009
Proceedings: Richard S. Dillion M.D.'s Petition to Intervene filed.
PDF:
Date: 10/02/2009
Proceedings: Notice of Case Reassignment.
PDF:
Date: 09/23/2009
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 09/14/2009
Proceedings: Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
PDF:
Date: 09/11/2009
Proceedings: Petitioner's Notice of Filing (of medical records and information) filed.
PDF:
Date: 09/09/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (University Community Hospital).
PDF:
Date: 09/09/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Richard S. Dillon, M.D.).
PDF:
Date: 09/09/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Kenney Shipley).
Date: 09/04/2009
Proceedings: NICA Filing Fee $15.00; Check No. 21187 (not available for viewing).
Date: 09/04/2009
Proceedings: Birth Certificate filed (not available for viewing).
PDF:
Date: 09/04/2009
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 09/04/2009
Proceedings: Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.
PDF:
Date: 09/04/2009
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 09/04/2009
Proceedings: Notice sent out that this case is now before the Division of Administrative Hearings.

Case Information

Judge:
ELLA JANE P. DAVIS
Date Filed:
08/05/2016
Date Assignment:
08/05/2016
Last Docket Entry:
08/19/2016
Location:
Health Care, Florida
District:
HC
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related DOAH Cases(s) (1):

Related Florida Statute(s) (6):