SPECIAL DISABILITY TRUST FUND OF THE FLORIDA DEPARTMENT OF LABOR & EMPLOYMENT SECURITY, APPELLANT,
v.
WILLIAM B. HARRISON AND BROWARD VENDING, INC. AND SECURITY INSURANCE GROUP OF HARTFORD, APPELLEES
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The Special Disability Trust Fund appealed from an order finding that an employer/carrier's reimbursement claim satisfied statutory filing requirements. The court reversed, holding that the claim was barred by the sixty-day filing deadline under Section 440.49(4)(g), and that a 1974 legislative amendment did not revive the expired claim.
The court held that the claim was barred because it was filed more than sixty days after the first payment of compensation, as required by Section 440.49(4)(g). The 1974 amendment to the statute was not declaratory of the existing purpose and did not revive the expired claim.
[1] A claim for reimbursement against the Special Disability Trust Fund must be filed within sixty days after the date copies of the order awarding compensation are mailed to…
[2] A statutory amendment that changes the time period for filing a claim does not revive a claim that was already barred under the prior statute.
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Join FLexlaw to unlock all legal intelligence“any claim for reimbursement by the Fund be filed within sixty days after the date copies of the order awarding the compensation with respect to which reimbursement is claimed are mailed to employer and carrier at the last known address of each, or, if payment of such compensation is made by the employer or carrier without an award, within sixty days after the date the first payment of compensation for the permanent disability was made”
Establishes the statutory deadline for filing reimbursement claims against the Fund
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Join FLexlaw to unlock all legal intelligenceThe employer, Broward Vending, Inc., employed a claimant with a known preexisting back injury. During employment, the claimant reinjured his back, and…
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ROBERT P. SMITH, Jr., Judge.
Special Disability Trust Fund appeals from an order finding that the employer/carrier’s claim against the Fund, filed August 13, 1974, satisfied the requirement of Section 440.49(4)(g), Florida Statutes (1973), that any claim for reimbursement by the Fund be filed
. within sixty days after the date copies of the order awarding the compensation with respect to which reimbursement is claimed are mailed to employer and carrier at the last known address of each, or, if payment of such compensation is made by the employer or carrier without an award, within sixty days after the date the first payment of compensation for the permanent disability was made.
The employer, Broward Vending, Inc. employed claimant with knowledge of his preexisting physical impairment by reason of back injuries. During his employment claimant reinjured his back and, on September 5, 1973, the employer/carrier accepted claimant as permanently totally disabled, and began payment of benefits for that disability. The reimbursement claim against the Fund was barred when more than sixty days then elapsed before the claim was made. Special Disability Trust Fund v. Brevard County Board of Public Instruction, IRC Order 2-2726 (Feb. 12, 1975), cert. den., 320 So. 2d 392 (Fla.1975). The claim was not revived by the legislature’s amendment to the statute by Chapter 74-197; Section 21, which now runs the sixty-day claim period from the date “excess compensation for the permanent disability [is] made.” Section 440.49(2)(g), Florida Statutes (1979). We cannot agree with appellees’ contention that the 1974 amendment was simply declaratory of the existing statutory purpose.
REVERSED.
LARRY G. SMITH and WENTWORTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Special Disability Tr. Fund v. Sunshine Junior Stores, Inc., 417 So. 2d 1170 (Fla. 1st DCA 1982)…ely filed, thus, any right to reimbursement is barred forever. See Special Disability Trust Fund v. Brevard County Board of Public Instruction, 9 FCR 164 (1975), cert. denied, 320 So. 2d 392 (Fla.1975), and Special Disability Trust Fund v. Harrison, 380 So. 2d 493 (Fla. 1st DCA 1980). The Industrial Relations Commission construed Section 440.49(4)(g), Florida Statutes (1974), the statutory predecessor of Section 440.49(2)(g), in Special Disability Trust Fund v. Brevard County Board of Public Instruction, sup…
Authorities Cited
- Brevard Cnty. Bd. OF Pub. Instruction v. Special Disability Tr. Fund, 320 So. 2d 392 (Fla. 1975)
- Crown Colony Club Ltd. v. Christl M. Honecker, 320 So. 2d 392 (Fla. 1975)