SECTION 766.309. Determination of claims; presumption; findings of administrative law judge binding on participants.
Latest version.
1(1) 2The administrative law judge shall make the following determinations based upon all available evidence:
16(a) 17Whether the injury claimed is a birth-related neurological injury. If the claimant has demonstrated, to the satisfaction of the administrative law judge, that the infant has sustained a brain or spinal cord injury caused by oxygen deprivation or mechanical injury and that the infant was thereby rendered permanently and substantially mentally and physically impaired, a rebuttable presumption shall arise that the injury is a birth-related neurological injury as defined in s. 88766.302(2)89.
90(b) 91Whether obstetrical services were delivered by a participating physician in the course of labor, delivery, or resuscitation in the immediate postdelivery period in a hospital; or by a certified nurse midwife in a teaching hospital supervised by a participating physician in the course of labor, delivery, or resuscitation in the immediate postdelivery period in a hospital.
147(c) 148How much compensation, if any, is awardable pursuant to s. 158766.31159.
160(d) 161Whether, if raised by the claimant or other party, the factual determinations regarding the notice requirements in s. 179766.316180are satisfied. The administrative law judge has the exclusive jurisdiction to make these factual determinations.
195(2) 196If the administrative law judge determines that the injury alleged is not a birth-related neurological injury or that obstetrical services were not delivered by a participating physician at the birth, she or he shall enter an order and shall cause a copy of such order to be sent immediately to the parties by registered or certified mail.
253(3) 254By becoming a participating physician, a physician shall be bound for all purposes by the finding of the administrative law judge or any appeal therefrom with respect to whether such injury is a birth-related neurological injury.
290(4) 291If it is in the interest of judicial economy or if requested to by the claimant, the administrative law judge may bifurcate the proceeding addressing compensability and notice pursuant to s. 322766.316323first, and addressing an award pursuant to s. 331766.31, 332if any, in a separate proceeding. The administrative law judge may issue a final order on compensability and notice which is subject to appeal under s. 358766.311, 359prior to issuance of an award pursuant to s. 368766.31369.
History.-s. 68, ch. 88-1; s. 4, ch. 89-186; s. 21, ch. 91-46; s. 3, ch. 94-106; s. 312, ch. 96-410; s. 1805, ch. 97-102; s. 77, ch. 2003-416; s. 1, ch. 2006-8.
