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16 Florida opinions name it 2 courts 1996–2025 4 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
O'Leary v. Fla. Birth-Related Neurological Injury Compensation Associationgreen2 sentences2025Ass’n, 757 So. 2d 624, 627 (Fla. 5th DCA 2000) (“The language used by the legislature in its amendment to the Act indicates that the administrative judge is to determine all matters relative to a claim.”); id. at 628 (“We also note that a section 766.316 notice issue is peculiar to a NICA claim.”). 18 C As just mentioned in the margin, NICA v. DOAH cannot be read as recognizing an abrogation of McKaughan by the 1998 amendments. 2025Ass’n, 757 So. 2d 624, 627 (Fla. 5th DCA 2000) (“The language used by the legislature in its amendment to the Act indicates that the administrative judge is to determine all matters relative to a claim.”); id. at 628 (“We also note that a section 766.316 notice issue is peculiar to a NICA claim.”). 18 C As just mentioned in the margin, NICA v. DOAH cannot be read as recognizing an abrogation of McKaughan by the 1998 amendments. | 4 | 8 |
University of Miami v. Ruizgreen2 sentences2015A. NICA’s Immunity Provision NICA was passed and the Association was created “to provide a no-fault alternative remedy for a ‘limited class of catastrophic [birth-related neurological] injuries that result in unusually high costs for custodial care and rehabilitation.’” 7 Ruiz, 916 So. 2d at 868 (alteration in original) (quoting § 766.301(2), Fla. Stat. (1998)). 2015A. NICA’s Immunity Provision NICA was passed and the Association was created “to provide a no-fault alternative remedy for a ‘limited class of catastrophic [birth-related neurological] injuries that result in unusually high costs for custodial care and rehabilitation.’ ” Ruiz, 916 So.2d at 868 (alteration in original) (quoting § 766.301(2), Fla. Stat. (1998)). | 2 | 2 |
BIRTH-RELATED INJ. COMP. v. Div. of Admin.green2 sentences2024See id. at 713 (“Specifically, the Fifth District viewed the 1998 amendments as indicating the Legislature’s intent to authorize the ALJ to make all determinations regarding a claim under NICA.” (emphasis supplied)); O’Leary, 757 So. 2d at 627 (“The language used by the legislature in its amendment to the Act indicates that the administrative judge is to determine all matters relative to a claim.”); id. at 628 (“We also note that a section 766.316 notice issue is peculiar to a NICA claim.”). 25 authority of the deputy commissioner as an administrative agency, the court is under no obligation t 2024See id. at 713 (“Specifically, the Fifth District viewed the 1998 amendments as indicating the Legislature’s intent to authorize the ALJ to make all determinations regarding a claim under NICA.” (emphasis supplied)); O’Leary, 757 So. 2d at 627 (“The language used by the legislature in its amendment to the Act indicates that the administrative judge is to determine all matters relative to a claim.”); id. at 628 (“We also note that a section 766.316 notice issue is peculiar to a NICA claim.”). 25 authority of the deputy commissioner as an administrative agency, the court is under no obligation t | 1 | 1 |
Romine v. FLORIDA BIRTH RELATED NICAgreen1 sentence2004See Ch. 98-113, § 6, at 525, Laws of Fla. We note that in Romine v. Florida Birth Related Neurological Injury Compensation Ass’n, 842 So.2d 148 (Fla. 5th DCA), review denied, 857 So.2d 195 (Fla.2003), the Fifth District held that these 1998 amendments could not be retroactively applied to a child bom prior to the passage of the amendments. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gugelmin v. ADMINISTRATIVE HEARINGS
green
2 sentences2007See section 766.306, Fla. Stat. (1997). [13] See § 766.301(1)(d), Fla. Stat. (Supp.1998) ("The issue of whether such claims are covered by this act must be determined exclusively in an administrative proceeding."); § 766.304, Fla. Stat. (1997) ("The [ALJ] shall hear and determine all claims filed pursuant to ss. 766.301-766.316."). [14] In addition in Ferguson , the Second District certified conflict with the Fourth District's opinion in Gugelmin on the conflict question. 815 So.2d at 764 . 2007See section 766.306, Fla. Stat. (1997). [13] See § 766.301(1)(d), Fla. Stat. (Supp.1998) ("The issue of whether such claims are covered by this act must be determined exclusively in an administrative proceeding."); § 766.304, Fla. Stat. (1997) ("The [ALJ] shall hear and determine all claims filed pursuant to ss. 766.301-766.316."). [14] In addition in Ferguson , the Second District certified conflict with the Fourth District's opinion in Gugelmin on the conflict question. 815 So.2d at 764 . | 2 | 2003–2007 |
Humana of Florida, Inc. v. McKaughan
green
2 sentences1996Likewise, we agree with the district court that “because the [NICA] Plan, like the Workers’ Compensation Act, is a statutory substitute for common law rights and liabilities, it should be strictly construed to include only those subjects clearly embraced within its terms.” Id. at 859 . 3 In other words, there is simply no clear indication in the legislative scheme that the nature of the claim is to be determined exclusively in an administrative proceeding. 4 Further, we agree with the observations of the hearing officer and the district court that should a plaintiff elect to proceed with a med 1996Likewise, we agree with the district court that “because the [NICA] Plan, like the Workers’ Compensation Act, is a statutory substitute for common law rights and liabilities, it should be strictly construed to include only those subjects clearly embraced within its terms.” Id. at 859 . 3 In other words, there is simply no clear indication in the legislative scheme that the nature of the claim is to be determined exclusively in an administrative proceeding. 4 Further, we agree with the observations of the hearing officer and the district court that should a plaintiff elect to proceed with a med | 2 | 1996–1996 |
Jackson v. FLORIDA BIRTH-RELATED NEURO.
green
1 sentence2024There, the appellants argued that the attending physicians and the medical group that employed them were not entitled to NICA immunity because they failed to give Mrs. Jackson proper pre-delivery notice of their participation in the NICA Plan. 932 So. 2d at 1128 . | 1 | 2024–2024 |
University of Miami v. Exposito ex rel. Gonzales
green
2 sentences2014Univ. of Miami v. Exposito, 87 So.3d 803 (Fla. 3d DCA 2012). 2 The circuit court then heard the defendants’ motions to dismiss the amended complaint on other grounds. 2014Univ. of Miami v. Exposito, 87 So.3d 803 (Fla. 3d DCA 2012). 2 The circuit court then heard the defendants’ motions to dismiss the amended complaint on other grounds. | 1 | 2014–2014 |
Galen of Florida, Inc. v. Braniff
green
1 sentence2010Id. | 1 | 2010–2010 |
All Children's Hosp. v. Dept. of Admin. Hearings
neutral
1 sentence2010Id. 7 The Glenns argue that All Children’s does not have NICA immunity because it is an agent of Bayfront and that, consequently, Bayfront’s failure to provide notice is imputed to All Children’s. | 1 | 2010–2010 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.