766.311
Conclusiveness of determination or award; appeal.
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766.311 Conclusiveness of determination or award; appeal.—
(1) A determination of the administrative law judge as to qualification of the claim for purposes of compensability under s. 766.309 or an award by the administrative law judge pursuant to s. 766.31 shall be conclusive and binding as to all questions of fact. Review of an order of an administrative law judge shall be by appeal to the District Court of Appeal. Appeals shall be filed in accordance with rules of procedure prescribed by the Supreme Court for review of such orders.
(2) In case of an appeal from an award of the administrative law judge, the appeal shall operate as a suspension of the award, and the association shall not be required to make payment of the award involved in the appeal until the questions at issue therein shall have been fully determined.
History.—s. 70, ch. 88-1; s. 23, ch. 91-46; s. 6, ch. 93-251; s. 314, ch. 96-410.
Notes of Decisions
Cited in 21
cases (4 in the last 5 years), 1989–2025 · leading case: Bennett v. St. Vincent's Medical Center, Inc.
Bennett v. St. Vincent's Medical Center, Inc. (2011)
“Section 766.311(1), Florida Statutes (2001), provides that an ALJ's determination as to the qualification of the claim for purposes of compensability "shall be conclusive and binding as to all questions of fact.”
Nagy v. FLA. BIRTH-RELATED NEUROLOG. INJURY COMPENSATION ASSOCIATION (2002)
“" § 766.311(1), Fla. Stat. (1997). An ALJ's findings of fact are reversible on appeal when they are not supported by competent substantial evidence in the record or where the agency's interpretation of the law is clearly erroneous.”
All Children's Hosp., Inc. v. Dept. of Admin. Hearings (2004)
“1998)subject, of course, to the right to pursue an appeal of the ALJ's determination, see § 766.311, Fla. Stat. (1997). The issue of immunity from tort liability and the related issue of notice are an entirely different matter.”
Samples v. Florida Birth-Related Neurological (2010)
“And, both were subject to judicial review pursuant to section 766.311. Florida Statutes. Accordingly, we conclude that section 766.”
Orhs v. Florida Birth-Related Neurological (2008)
“§ 766.311(1), Fla. Stat. (2007). However, an ALJ's final order is reversible on appeal where its interpretation of the law is clearly erroneous or its findings of fact are not supported by competent, substantial evidence.”
St. Vincent's Medical Center, Inc. v. Bennett (2009)
“§ 766.311(1), Fla. Stat. An ALJ's final order is reversible on appeal, however, where its findings of fact are not supported by competent, substantial evidence.”
Florida Birth-Related Neurological Injury Compensation Ass'n v. Florida Division of Administrative Hearings (2007)
“1998) — subject, of course, to the right to pursue an appeal of the ALJ’s determination, see § 766.311, Fla. Stat. (1997). The issue of immunity from tort liability and the related issue of notice are an entirely different matter.”
Depart v. MacRi (2005)
“; § 766.311(1), Fla. Stat. (2000). The sole issue appellant presents is whether the administrative law judge had jurisdiction to consider and rule on her claim that she is immune from a civil action for damages by virtue of the provisions of section 766.”
Tarpon Springs Hospital Foundation, Inc. v. Anderson (2010)
“Anderson during the preregistration process, a little over one month before her delivery.”
Adventist Hlth. v. Fl. Birth-Related Injury (2004)
“" § 766.311(1), Fla. Stat. (2002). An appellate court must affirm the findings of fact if they are supported by competent substantial evidence, and the court may not substitute its judgment for that of the agency as to the weight of the evidence on any disputed finding of fact.”
Matteini v. Florida Birth-Related Neurological (2006)
“” § 766.311(1), Fla. Stat. (2005). An ALJ’s findings of fact are reversible on appeal when they are not supported by competent, substantial evidence in the record or where the agency’s interpretation of the law is clearly erroneous.”
Bradford Ex Rel. Bradford v. Fla. Birth-Related Neuro. (1995)
“He also found as a matter of fact that the injury to plaintiffs' child did not occur during birth, but rather several hours after birth, and did not therefore occur "in the course of labor, delivery, or resuscitation in the immediate postdelivery," as required by section 766.”
— 766.311(1) — 14 cases
Bennett v. St. Vincent's Medical Center, Inc. (2011)
“Section 766.311(1), Florida Statutes (2001), provides that an ALJ's determination as to the qualification of the claim for purposes of compensability "shall be conclusive and binding as to all questions of fact.”
Nagy v. FLA. BIRTH-RELATED NEUROLOG. INJURY COMPENSATION ASSOCIATION (2002)
“" § 766.311(1), Fla. Stat. (1997). An ALJ's findings of fact are reversible on appeal when they are not supported by competent substantial evidence in the record or where the agency's interpretation of the law is clearly erroneous.”
Orhs v. Florida Birth-Related Neurological (2008)
“§ 766.311(1), Fla. Stat. (2007). However, an ALJ's final order is reversible on appeal where its interpretation of the law is clearly erroneous or its findings of fact are not supported by competent, substantial evidence.”
St. Vincent's Medical Center, Inc. v. Bennett (2009)
“§ 766.311(1), Fla. Stat. An ALJ's final order is reversible on appeal, however, where its findings of fact are not supported by competent, substantial evidence.”
Depart v. MacRi (2005)
“; § 766.311(1), Fla. Stat. (2000). The sole issue appellant presents is whether the administrative law judge had jurisdiction to consider and rule on her claim that she is immune from a civil action for damages by virtue of the provisions of section 766.”
— 766.311(1X2) — 1 case
De Souza v. Ortiz (2005)
— 766.311(2) — 3 cases
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