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Blog Posts in NICA – Florida Birth-Related Neurological Injury Compensation

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  • Florida Third DCA rules that plaintiffs electing to pursue a civil action in lieu of NICA benefits under the exception to NICA exclusivity in § 766.303(2) were permitted to dismiss NICA petition prior to determination of final award amount
    Florida Third DCA rules that plaintiffs electing to pursue a civil action in lieu of NICA benefits under the exception to NICA exclusivity in § 766.303(2) were permitted to dismiss NICA petition prior to determination of final award amount

    On August 28, 2019, in Florida Birth-Related Neurological Injury Compensation Association v. Jimenez, No. 3D18-1814, the Florida Third DCA affirmed an ALJ’s order granting the plaintiff’s voluntary dismissal of their claim in an administrative proceeding filed pursuant to the terms of the Florida Birth-Related Neurological Injury Compensation Plan, sections 766.301-.316, Florida Statutes (2018) ...

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