“[T]he ALJ’s determination of compensability serves as a threshold issue for any person who wishes to pursue a NICA claim; likewise, the ALJ’s determination of non-compensability is a threshold issue for any person who wishes to pursue a civil action in circuit court.”
How later courts described this case
- “[T]he ALJ’s determination of compensability serves as a threshold issue for any person who wishes to pursue a NICA claim; likewise, the ALJ’s determination of non-compensability is a threshold issue for any person who wishes to pursue a civil action in circuit court.”
Written by the judges who cited it.
The opinion
SCHWARTZ, Senior Judge
(specially
concurring).
As evidenced by the fact that we have, by separate orders, granted the appellee’s motions for assessment of attorney’s fees against appellants as a sanction under Section 57.105, Fla. Stat., and Rule 9.410, Fla. RApp. P., this case is wasteful and frivolous in the extreme. I believe that it deserves only a quiet interment in the form of a PCA.