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Florida Statute 766.311 | Lawyer Caselaw & Research
F.S. 766.311 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 766.311

The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS
View Entire Chapter
F.S. 766.311
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.

F.S. 766.311 on Google Scholar

F.S. 766.311 on Casetext

Amendments to 766.311


Arrestable Offenses / Crimes under Fla. Stat. 766.311
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.311.



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNIVERSITY OF MIAMI d b a M. D. M. D. M. D. M. M. D. d b a M. D. v. EXPOSITO, GONZALEZ, a, 87 So. 3d 803 (Fla. Dist. Ct. App. 2012)

. . . shall be filed before the award of the division becomes conclusive and binding as provided for in s. 766.311 . . .

J. ANDERSON, a J. J. v. HELEN ELLIS MEMORIAL HOSPITAL FOUNDATION, INC. R. N. R. N., 66 So. 3d 1095 (Fla. Dist. Ct. App. 2011)

. . . law judge may issue a final order on compensability and notice which is subject to appeal under s. 766.311 . . .

BENNETT, v. ST. VINCENT S MEDICAL CENTER, INC. v. St. s, 71 So. 3d 828 (Fla. 2011)

. . . Section 766.311(1), Florida Statutes (2001), provides that an ALJ’s determination as to the qualification . . .

ORLANDO REGIONAL HEALTHCARE SYSTEM, INC. v. GWYN, 53 So. 3d 385 (Fla. Dist. Ct. App. 2011)

. . . be filed before the award of the division becomes conclusive and binding as provided for in section 766.311 . . .

SAMPLES v. FLORIDA BIRTH- RELATED NEUROLOGICAL,, 40 So. 3d 18 (Fla. Dist. Ct. App. 2010)

. . . And, both were subject to judicial review pursuant to section 766.311. Florida Statutes. . . . Section 766.311 provides the right of judicial review. 3. . . .

TARPON SPRINGS HOSPITAL FOUNDATION, INC. d b a A. R. N. P. C. N. M. v. ANDERSON J. a H. M. D. M. D. A. M. D. M. D., 34 So. 3d 742 (Fla. Dist. Ct. App. 2010)

. . . .” § 766.311(1). . . .

ST. VINCENT S MEDICAL CENTER, INC. H. M. D. P. A. v. BENNETT, a, 27 So. 3d 65 (Fla. Dist. Ct. App. 2009)

. . . . § 766.311(1), Fla. Stat. . . .

ORLANDO REGIONAL HEALTHCARE SYSTEM, INC. v. FLORIDA BIRTH- RELATED NEUROLOGICAL,, 997 So. 2d 426 (Fla. Dist. Ct. App. 2008)

. . . . § 766.311(1), Fla. Stat. (2007). . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS, v., 948 So. 2d 705 (Fla. 2007)

. . . Supp.1998) — subject, of course, to the right to pursue an appeal of the ALJ’s determination, see § 766.311 . . . law judge may issue a final order on compensability and notice which is subject to appeal under s. 766.311 . . . law judge may issue a final order on compensability and notice which is subject to appeal under s. 766.311 . . .

MATTEINI v. FLORIDA BIRTH- RELATED NEUROLOGICAL,, 946 So. 2d 1092 (Fla. Dist. Ct. App. 2006)

. . . .” § 766.311(1), Fla. Stat. (2005). . . .

WEINSTOCK, M. D. M. D. P. A. d b a s LLP, v. HOUVARDAS a, 924 So. 2d 982 (Fla. Dist. Ct. App. 2006)

. . . law judge may issue a final order on compensability and notice which is subject to appeal under s. 766.311 . . .

L. RINELLA, M. D. v. ABIFARAJ, 908 So. 2d 1126 (Fla. Dist. Ct. App. 2005)

. . . shall be filed before the award of the division becomes conclusive and binding as provided for in s. 766.311 . . .

DEPART, CNM, v. MACRI O M. D. P. A. d b a s, 902 So. 2d 271 (Fla. Dist. Ct. App. 2005)

. . . .; § 766.311(1), Fla. Stat. (2000). . . .

DE SOUZA, M. D. v. ORTIZ a M. D., 901 So. 2d 269 (Fla. Dist. Ct. App. 2005)

. . . .” § 766.311(1X2), Fla. Stat. See also Fla. R.App. . . .

TABB, TABB, a v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION M. D. d b a, 880 So. 2d 1253 (Fla. Dist. Ct. App. 2004)

. . . law judge may issue a final order on compensability and notice which is subject to appeal under s. 766.311 . . .

FLORIDA HEALTH SCIENCES CENTER, INC. d b a v. DIVISION OF ADMINISTRATIVE HEARINGS v. a, 871 So. 2d 1062 (Fla. Dist. Ct. App. 2004)

. . . law judge may issue a final order on compensability and notice which is subject to appeal under s. 766.311 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. FERGUSON a C. N. M., 869 So. 2d 686 (Fla. Dist. Ct. App. 2004)

. . . law judge may issue a final order on compensability and notice which is subject to appeal under s. 766.311 . . .

ALL CHILDREN S HOSPITAL, INC. v. DEPARTMENT OF ADMINISTRATIVE HEARINGS, a H. f k a, 863 So. 2d 450 (Fla. Dist. Ct. App. 2004)

. . . shall be filed before the award of the division becomes conclusive and binding as provided for in s. 766.311 . . . Supp.1998) — subject, of course, to the right to pursue an appeal of the ALJ’s determination, see § 766.311 . . .

ADVENTIST HEALTH SYSTEM SUNBELT, INC. v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY, 865 So. 2d 561 (Fla. Dist. Ct. App. 2004)

. . . .” § 766.311(1), Fla. Stat. (2002). . . . compensability under s. 766.309 ... shall be conclusive and binding as to all questions of fact.” § 766.311 . . .

GUGELMIN v. DIVISION OF ADMINISTRATIVE HEARINGS, d b a, 815 So. 2d 764 (Fla. Dist. Ct. App. 2002)

. . . must be made "before the award of the division becomes conclusive and binding as provided for ins. 766.311 . . .

NAGY a v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, M. D., 813 So. 2d 155 (Fla. Dist. Ct. App. 2002)

. . . .” § 766.311(1), Fla. Stat. (1997). . . .

BRADFORD, a BRADFORD, v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,, 667 So. 2d 401 (Fla. Dist. Ct. App. 1995)

. . . Plaintiffs seek direct review of that order pursuant to section 766.311(1), raising only the issue of . . .

WHITE, v. FLORIDA BIRTH RELATED NEUROLOGICAL,, 655 So. 2d 1292 (Fla. Dist. Ct. App. 1995)

. . . shall be filed before the award of the division becomes conclusive and binding as provided for in s. 766.311 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. CARRERAS, a, 598 So. 2d 299 (Fla. Dist. Ct. App. 1992)

. . . Section 766.311(1) provides that “review of an order of a judge of compensation claims shall be made . . .

In EMERGENCY AMENDMENTS TO RULES OF APPELLATE PROCEDURE RULES AND, 541 So. 2d 1142 (Fla. 1989)

. . . In 1988 the Florida Legislature created section 766.311, Florida Statutes (Supp. 1988), dealing with . . .