JAKE'S RESTAURANT AND SHELBY INSURANCE COMPANY, APPELLANTS,
v.
SPECIAL DISABILITY TRUST FUND, APPELLEE
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An employer/carrier's claim against the Special Disability Trust Fund filed 15 months after first payment of excess permanent compensation is barred by the 60-day statute of limitations in section 440.49(2)(g), which is not restarted by the claimant's return to physician care or subsequent wage loss requests.
A claim against the Special Disability Trust Fund must be filed within 60 days of the first payment of excess permanent compensation, and this deadline is not restarted by the claimant's return to physician care after being released and redetermined at maximum medical improvement or by subsequent wage loss requests.
[1] The 60-day filing deadline under section 440.49(2)(g), Florida Statutes, for claims against the Special Disability Trust Fund begins with the first payment of excess perm…
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Join FLexlaw to unlock all legal intelligenceAn employer and its carrier filed a claim against the Special Disability Trust Fund approximately 15 months after the first payment of excess permanen…
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PER CURIAM.
The employer/carrier’s claim against the Special Disability Trust Fund, filed some 15 months after the first payment of excess permanent compensation (in the form of wage loss benefits), is barred by section 440.49(2)(g), Florida Statutes (1985). The 60-day clock provided by the statute was not restarted by the claimant’s return to physician’s care after being once released and determined at maximum medical improvement (MMI) and then being released again with a new MMI date. Special Disability Trust Fund v. Florida Power Corporation, 558 So. 2d 130 (Fla. 1st DCA 1990). Further, it is apparent that this clock is similarly not restarted each time the claimant makes a wage loss request. The underpinnings of Special Disability Trust Fund v. Sunshine Jr. Stores, Inc., 417 So. 2d 1170 (Fla. 1st DCA 1982), have been substantially eroded by subsequent decisions of this court. See Special Disability Trust Fund v. Jimmy Hart Masonry, 424 So. 2d 884 (Fla. 1st DCA 1983); Special Disability Trust Fund v. Southern Bell Telephone & Telegraph Co., 551 So. 2d 575 (Fla. 1st DCA 1989); Special Disability Trust Fund v. Florida Power Corp., supra; Special Disability Trust Fund v. Champion International, 584 So. 2d 619 (Fla. 1st DCA 1991).
AFFIRMED.
BARFIELD, ALLEN and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Special Disability Tr. Fund v. Westwind Transp. & Claims Ctr., 648 So. 2d 830 (Fla. 1st DCA 1995)…sement as to those benefits.” 584 So. 2d at 621. The JCC found that the E/SA’s claim had been made within 60 days of the first payment of excess compensation, and distinguished this case from both Jake’s Restaurant v. Special Disability Trust Fund, 596 So. 2d 498 (Fla. 1st DCA 1992) and Champion International because Mr. Bubel had not yet reached MMI when wage loss was paid on May 8, 1984. Claimant makes a similar argument before this court. Although it is true that, unlike Champion, there is no evidence in…
Authorities Cited
- Special Disability Tr. Fund v. Champion Int'l & Wausau Ins. Cos., 584 So. 2d 619 (Fla. 1st DCA 1991)
- Special Disability Tr. Fund v. Fla. Power Corp. & GAB Bus. Servs., Inc., 558 So. 2d 130 (Fla. 1st DCA 1990)
- Special Disability Tr. Fund v. Masonry, 424 So. 2d 884 (Fla. 1st DCA 1982)
- Special Disability Tr. Fund v. S. Bell Tel. & Tel. Co., 551 So. 2d 575 (Fla. 1st DCA 1989)
- Special Disability Tr. Fund v. Sunshine Junior Stores, Inc., 417 So. 2d 1170 (Fla. 1st DCA 1982)