Florida Statutes

Fla. Stat. § 766.311 (2025)

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.

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Bennett v. St. Vincent's Med. Ctr., Inc., 71 So. 3d 828 (Fla. 2011). · cites it 4× “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 Comp. Ass'n, 813 So. 2d 155 (Fla. 4th DCA 2002). · cites it 2× “" § 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 Child.'s Hosp., Inc. v. Dept. of Admin. Hearings, 863 So. 2d 450 (Fla. 2d DCA 2004). · cites it 2× “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, 40 So. 3d 18 (Fla. 5th DCA 2010). · cites it 2× “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, 997 So. 2d 426 (Fla. 5th DCA 2008). · cites it 2× “§ 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 Med. Ctr., Inc. v. Bennett, 27 So. 3d 65 (Fla. 1st DCA 2009). · cites it 4× “§ 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 Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007). · cites it 2× “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, 902 So. 2d 271 (Fla. 1st DCA 2005). · cites it 2× “; § 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 Hosp. Found., Inc. v. Anderson, 34 So. 3d 742 (Fla. 2d DCA 2010). “Anderson during the preregistration process, a little over one month before her delivery.”

Adventist Hlth. v. Fl. Birth-Related Injury, 865 So. 2d 561 (Fla. 5th DCA 2004). · cites it 4× “" § 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, 946 So. 2d 1092 (Fla. 5th DCA 2006). · cites it 2× “” § 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., 667 So. 2d 401 (Fla. Dist. Ct. App. 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.”

Show all 21 citing cases →

— 766.311(1) — 14 cases

Bennett v. St. Vincent's Med. Ctr., Inc., 71 So. 3d 828 (Fla. 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 Comp. Ass'n, 813 So. 2d 155 (Fla. 4th DCA 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, 997 So. 2d 426 (Fla. 5th DCA 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 Med. Ctr., Inc. v. Bennett, 27 So. 3d 65 (Fla. 1st DCA 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, 902 So. 2d 271 (Fla. 1st DCA 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, 901 So. 2d 269 (Fla. 4th DCA 2005).

— 766.311(2) — 3 cases

Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2024).

Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2025).

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