Friday, August 21, 2009

First District Reverses ALJ Decision For Failing To Apply Rebuttable Presumption Provided By 766.309(1)(a), Florida Statutes

In St. Vincent’s Medical Center, Inc., et al v. Bennett, et al (1D07-5557/1D07-5561), the First District, with a dissent, held as follows:

In these consolidated appeals, St. Vincent’s Medical Center, Inc., William H. Long, M.D., and North Florida Obstetrics and Gynecology, P.A., challenge a final order of the Division of Administrative Hearings (DOAH) in which the administrative law judge (ALJ) held that the child of Robert and Tammy Bennett, appellees, did not qualify for coverage by the Florida Birth-Related Neurological Injury Compensation Association (NICA). Because the ALJ erred as a matter of law in failing to apply the rebuttable presumption provided by section 766.309(1)(a), Florida Statutes (2001), we reverse and remand for further proceedings.


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