Florida Statute 440.49 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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440.49 Limitation of liability for subsequent injury through Special Disability Trust Fund.—

(1) LEGISLATIVE INTENT.—Whereas it is often difficult for workers with disabilities to achieve employment or to become reemployed following an injury, and it is the desire of the Legislature to facilitate the return of these workers to the workplace, it is the purpose of this section to encourage the employment, reemployment, and accommodation of the physically disabled by reducing an employer’s insurance premium for reemploying an injured worker, to decrease litigation between carriers on apportionment issues, and to protect employers from excess liability for compensation and medical expense when an injury to a physically disabled worker merges with, aggravates, or accelerates her or his preexisting permanent physical impairment to cause either a greater disability or permanent impairment, or an increase in expenditures for temporary compensation or medical benefits than would have resulted from the injury alone. The department or the administrator shall inform all employers of the existence and function of the fund and shall interpret eligibility requirements liberally. However, this subsection shall not be construed to create or provide any benefits for injured employees or their dependents not otherwise provided by this chapter. The entitlement of an injured employee or her or his dependents to compensation under this chapter shall be determined without regard to this subsection, the provisions of which shall be considered only in determining whether an employer or carrier who has paid compensation under this chapter is entitled to reimbursement from the Special Disability Trust Fund.

(2) DEFINITIONS.—As used in this section, the term:

(a) “Permanent physical impairment” means and is limited to the conditions listed in paragraph (6)(a).

(b) “Merger” describes or means that:

1. If the permanent physical impairment had not existed, the subsequent accident or occupational disease would not have occurred;

2. The permanent disability or permanent impairment resulting from the subsequent accident or occupational disease is materially and substantially greater than that which would have resulted had the permanent physical impairment not existed, and the employer has been required to pay, and has paid, permanent total disability or permanent impairment benefits for that materially and substantially greater disability;

3. The preexisting permanent physical impairment is aggravated or accelerated as a result of the subsequent injury or occupational disease, or the preexisting impairment has contributed, medically and circumstantially, to the need for temporary compensation, medical, or attendant care and the employer has been required to pay, and has paid, temporary compensation, medical, or attendant care benefits for the aggravated preexisting permanent impairment; or

4. Death would not have been accelerated if the permanent physical impairment had not existed.

(c) “Excess permanent compensation” means that compensation for permanent impairment, or permanent total disability or death benefits, for which the employer or carrier is otherwise entitled to reimbursement from the Special Disability Trust Fund.

(d) “Administrator” means the entity selected by the department to review, allow, deny, compromise, controvert, and litigate claims of the Special Disability Trust Fund.

In addition to the definitions contained in this subsection, the department may by rule prescribe definitions that are necessary for the effective administration of this section.

(3) DEDUCTIBLE.—Reimbursement may not be obtained for the first $10,000 of benefits paid which otherwise qualify for reimbursement under this section. This deductible does not apply to claims by employers for reimbursement under ¹subparagraph (b)3.

(4) PERMANENT IMPAIRMENT OR PERMANENT TOTAL DISABILITY, TEMPORARY BENEFITS, MEDICAL BENEFITS, OR ATTENDANT CARE AFTER OTHER PHYSICAL IMPAIRMENT.—

(a) Permanent impairment.—If an employee who has a preexisting permanent physical impairment incurs a subsequent permanent impairment from injury or occupational disease arising out of, and in the course of, her or his employment which merges with the preexisting permanent physical impairment to cause a permanent impairment, the employer shall, in the first instance, pay all benefits provided by this chapter; but, subject to the limitations specified in subsection (6), such employer shall be reimbursed from the Special Disability Trust Fund created by subsection (9) for 50 percent of all impairment benefits which the employer has been required to provide pursuant to s. 440.15(3) as a result of the subsequent accident or occupational disease.

(b) Permanent total disability.—If an employee who has a preexisting permanent physical impairment incurs a subsequent permanent impairment from injury or occupational disease arising out of, and in the course of, her or his employment which merges with the preexisting permanent physical impairment to cause permanent total disability, the employer shall, in the first instance, pay all benefits provided by this chapter; but, subject to the limitations specified in subsection (6), such employer shall be reimbursed from the Special Disability Trust Fund created by subsection (9) for 50 percent of all compensation for permanent total disability.

(c) Temporary compensation and medical benefits; aggravation or acceleration of preexisting condition or circumstantial causation.—If an employee who has a preexisting permanent physical impairment experiences an aggravation or acceleration of the preexisting permanent physical impairment as a result of an injury or occupational disease arising out of and in the course of her or his employment, or suffers an injury as a result of a merger as defined in paragraph (2)(b), the employer shall provide all benefits provided by this chapter, but, subject to the limitations specified in subsection (7), the employer shall be reimbursed by the Special Disability Trust Fund created by subsection (9) for 50 percent of its payments for temporary, medical, and attendant care benefits.

(5) WHEN DEATH RESULTS.—If death results from the subsequent permanent impairment contemplated in subsection (4) within 1 year after the subsequent injury, or within 5 years after the subsequent injury when disability has been continuous since the subsequent injury, and it is determined that the death resulted from a merger, the employer shall, in the first instance, pay the funeral expenses and the death benefits prescribed by this chapter; but, subject to the limitations specified in subsection (6), she or he shall be reimbursed from the Special Disability Trust Fund created by subsection (9) for the last 50 percent of all compensation allowable and paid for such death and for 50 percent of the amount paid as funeral expenses.

(6) EMPLOYER KNOWLEDGE, EFFECT ON REIMBURSEMENT.—

(a) Reimbursement is not allowed under this section unless it is established that the employer knew of the preexisting permanent physical impairment prior to the occurrence of the subsequent injury or occupational disease, and the permanent physical impairment is one of the following:

1. Epilepsy.

2. Diabetes.

3. Cardiac disease.

4. Amputation of foot, leg, arm, or hand.

5. Total loss of sight of one or both eyes or a partial loss of corrected vision of more than 75 percent bilaterally.

6. Residual disability from poliomyelitis.

7. Cerebral palsy.

8. Multiple sclerosis.

9. Parkinson’s disease.

10. Meniscectomy.

11. Patellectomy.

12. Ruptured cruciate ligament.

13. Hemophilia.

14. Chronic osteomyelitis.

15. Surgical or spontaneous fusion of a major weight-bearing joint.

16. Hyperinsulinism.

17. Muscular dystrophy.

18. Thrombophlebitis.

19. Herniated intervertebral disk.

20. Surgical removal of an intervertebral disk or spinal fusion.

21. One or more back injuries or a disease process of the back resulting in disability over a total of 120 or more days, if substantiated by a doctor’s opinion that there was a preexisting impairment to the claimant’s back.

22. Total deafness.

23. Intellectual disability if the employee’s intelligence quotient is such that she or he falls within the lowest 2 percentile of the general population. However, the employer does not need to know the employee’s actual intelligence quotient or actual relative ranking in relation to the intelligence quotient of the general population.

24. Any permanent physical condition that, prior to the industrial accident or occupational disease, constitutes a 20 percent impairment of a member or of the body as a whole.

25. Obesity if the employee is 30 percent or more over the average weight designated for her or his height and age in the Table of Average Weight of Americans by Height and Age prepared by the Society of Actuaries using data from the 1979 Build and Blood Pressure Study.

26. Any permanent physical impairment as provided in s. 440.15(3) which is a result of a prior industrial accident with the same employer or the employer’s parent company, subsidiary, sister company, or affiliate located within the geographical boundaries of this state.

(b) The Special Disability Trust Fund is not liable for any costs, interest, penalties, or attorneys’ fees.

(c) An employer’s or carrier’s right to apportionment or deduction pursuant to ss. 440.02(1), 440.15(5)(b), and 440.151(1)(c) does not preclude reimbursement from such fund, except when the merger comes within the definition of paragraph (2)(b) and such apportionment or deduction relieves the employer or carrier from providing the materially and substantially greater permanent disability benefits otherwise contemplated in those paragraphs.

(7) REIMBURSEMENT OF EMPLOYER.—

(a) The right to reimbursement as provided in this section is barred unless written notice of claim of the right to such reimbursement is filed by the employer or carrier entitled to such reimbursement with the department or administrator at Tallahassee within 2 years after the date the employee last reached maximum medical improvement, or within 2 years after the date of the first payment of compensation for permanent total disability, wage loss, or death, whichever is later. The notice of claim must contain such information as the department by rule requires or as established by the administrator; and the employer or carrier claiming reimbursement shall furnish such evidence in support of the claim as the department or administrator reasonably may require.

(b) For notice of claims on the Special Disability Trust Fund filed on or after July 1, 1978, the Special Disability Trust Fund shall, within 120 days after receipt of notice that a carrier has paid, been required to pay, or accepted liability for excess compensation, serve notice of the acceptance of the claim for reimbursement.

(c) A proof of claim must be filed on each notice of claim on file as of June 30, 1997, within 1 year after July 1, 1997, or the right to reimbursement of the claim shall be barred. A notice of claim on file on or before June 30, 1997, may be withdrawn and refiled if, at the time refiled, the notice of claim remains within the limitation period specified in paragraph (a). Such refiling shall not toll, extend, or otherwise alter in any way the limitation period applicable to the withdrawn and subsequently refiled notice of claim. The Special Disability Trust Fund shall, within 120 days after receipt of the proof of claim, serve notice of the acceptance of the claim for reimbursement. This paragraph shall apply to all claims notwithstanding the provisions of subsection (12).

(d) A proof of claim must be filed within 1 year after the date the notice of claim is filed or refiled or the claim shall be barred. The Special Disability Trust Fund shall, within 180 days after receipt of the proof of claim, serve notice of the acceptance of the claim for reimbursement. This paragraph shall apply to all claims notwithstanding the provisions of subsection (12).

(e) For dates of accident on or after January 1, 1994, the Special Disability Trust Fund shall, within 120 days of receipt of notice that a carrier has been required to pay, and has paid over $10,000 in benefits, serve notice of the acceptance of the claim for reimbursement. Failure of the Special Disability Trust Fund to serve notice of acceptance shall give rise to the right to request a hearing on the claim for reimbursement. If the Special Disability Trust Fund through its representative denies or controverts the claim, the right to such reimbursement shall be barred unless an application for a hearing thereon is filed with the department or administrator at Tallahassee within 60 days after notice to the employer or carrier of such denial or controversion. When such application for a hearing is timely filed, the claim shall be heard and determined in accordance with the procedure prescribed in s. 440.25, to the extent that such procedure is applicable, and in accordance with the workers’ compensation rules of procedure. In such proceeding on a claim for reimbursement, the Special Disability Trust Fund shall be made the party respondent, and no findings of fact made with respect to the claim of the injured employee or the dependents for compensation, including any finding made or order entered pursuant to s. 440.20(11), shall be res judicata. The Special Disability Trust Fund may not be joined or made a party to any controversy or dispute between an employee and the dependents and the employer or between two or more employers or carriers without the written consent of the fund.

(f) When it has been determined that an employer or carrier is entitled to reimbursement in any amount, the employer or carrier shall be reimbursed annually from the Special Disability Trust Fund for the compensation and medical benefits paid by the employer or carrier for which the employer or carrier is entitled to reimbursement, upon filing request therefor and submitting evidence of such payment in accordance with rules prescribed by the department, which rules may include parameters for annual audits. The Special Disability Trust Fund shall pay the approved reimbursement requests on a first-in, first-out basis reflecting the order in which the reimbursement requests were received.

(g) The department may by rule require specific forms and procedures for the administration and processing of claims made through the Special Disability Trust Fund.

(8) SPECIAL DISABILITY TRUST FUND.—

(a) There is established in the State Treasury a special fund to be known as the “Special Disability Trust Fund,” which shall be available only for the purposes stated in this section; and the assets thereof may not at any time be appropriated or diverted to any other use or purpose. The Chief Financial Officer shall be the custodian of such fund, and all moneys and securities in such fund shall be held in trust by such Chief Financial Officer and shall not be the money or property of the state. The Chief Financial Officer is authorized to disburse moneys from such fund only when approved by the department or corporation. The Chief Financial Officer shall deposit any moneys paid into such fund into such depository banks as the department may designate and is authorized to invest any portion of the fund which, in the opinion of the department, is not needed for current requirements, in the same manner and subject to all the provisions of the law with respect to the deposits of state funds by such Chief Financial Officer. All interest earned by such portion of the fund as may be invested by the Chief Financial Officer shall be collected by her or him and placed to the credit of such fund.

(b)1. The Special Disability Trust Fund shall be maintained by annual assessments upon the insurance companies writing compensation insurance in the state, the commercial self-insurers under ss. 624.462 and 624.4621, the assessable mutuals as defined in s. 628.6011, and the self-insurers under this chapter, which assessments shall become due and be paid quarterly at the same time and in addition to the assessments provided in s. 440.51. Payments of assessments shall be made by each carrier, self-insurer, and self-insured employer to the department for the Special Disability Trust Fund pursuant to department rule establishing such method of payment.

2. The department shall estimate annually in advance the amount necessary for the administration of this subsection and the maintenance of this fund pursuant to this paragraph. By July 1 of each year, the department shall calculate the assessment rate, which shall be based upon the net premiums written by carriers and self-insurers, the amount of premiums calculated by the department for self-insured employers, the sum of the anticipated disbursements and expenses of the Special Disability Trust Fund for the next calendar year, and the expected fund balance for the next calendar year. Such assessment rate shall take effect January 1 of the next calendar year. Such amount shall be prorated among the insurance companies writing workers’ compensation insurance in the state, the self-insurers, and the self-insured employers.

3. All reimbursement requests that are approved, but remain unpaid as of June 30, 2014, shall be paid by October 31, 2014.

4. The Chief Financial Officer is authorized to receive and credit to such Special Disability Trust Fund any sum or sums that may at any time be contributed to the state by the United States under any Act of Congress, or otherwise, to which the state may be or become entitled by reason of any payments made out of such fund.

(c) Notwithstanding the Special Disability Trust Fund assessment rate calculated pursuant to this section, the rate assessed may not exceed 2.50 percent.

(d) The department or administrator shall report annually on the status of the Special Disability Trust Fund. The report shall update the estimated undiscounted and discounted fund liability, as determined by an independent actuary, change in the total number of notices of claim on file with the fund in addition to the number of newly filed notices of claim, change in the number of proofs of claim processed by the fund, the fee revenues refunded and revenues applied to pay down the liability of the fund, the average time required to reimburse accepted claims, and the average administrative costs per claim. The department or administrator shall submit its report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December 1 of each year.

(9) DEPARTMENT ADMINISTRATION OF FUND; CLAIMS; EXPENSES.—The department or administrator shall administer the Special Disability Trust Fund with authority to allow, deny, compromise, controvert, and litigate claims made against it and to designate an attorney to represent it in proceedings involving claims against the fund, including negotiation and consummation of settlements, hearings before judges of compensation claims, and judicial review. The department or administrator or the attorney designated by it shall be given notice of all hearings and proceedings involving the rights or obligations of such fund and shall have authority to make expenditures for such medical examinations, expert witness fees, depositions, transcripts of testimony, and the like as may be necessary to the proper defense of any claim. All expenditures made in connection with conservation of the fund, including the salary of the attorney designated to represent it and necessary travel expenses, shall be allowed and paid from the Special Disability Trust Fund as provided in this section upon the presentation of itemized vouchers therefor approved by the department.

(10) EFFECTIVE DATES.—This section does not apply to any case in which the accident causing the subsequent injury or death or the disablement or death from a subsequent occupational disease occurred prior to July 1, 1955, or on or after January 1, 1998. In no event shall the Special Disability Trust Fund be liable for, or reimburse employers or carriers for, any case in which the accident causing the subsequent injury or death or the disablement or death from a subsequent occupational disease occurred on or after January 1, 1998. The Special Disability Trust Fund shall continue to reimburse employers or carriers for subsequent injuries occurring prior to January 1, 1998, and the department shall continue to assess for and the department or administrator shall fund reimbursements as provided in subsection (9) for this purpose.

(11) REIMBURSEMENT FROM THE SPECIAL DISABILITY TRUST FUND.—The applicable law for the purposes of determining entitlement to reimbursement from the Special Disability Trust Fund is the law in effect on the date the accident occurred.

History.—s. 49, ch. 17481, 1935; CGL 1936 Supp. 5966(47); s. 13, ch. 28241, 1953; s. 12, ch. 29778, 1955; s. 1, ch. 59-101; s. 2, ch. 63-235; s. 19, ch. 63-400; s. 2, ch. 67-554; ss. 17, 35, ch. 69-106; s. 21, ch. 74-197; s. 24, ch. 75-209; ss. 151, 152, ch. 77-104; ss. 15, 23, ch. 78-300; ss. 37, 124, ch. 79-40; s. 21, ch. 79-312; s. 11, ch. 81-119; s. 17, ch. 83-305; s. 10, ch. 85-61; s. 9, ch. 87-330; ss. 24, 43, ch. 89-289; ss. 40, 56, ch. 90-201; ss. 38, 52, ch. 91-1; s. 43, ch. 93-415; s. 4, ch. 95-285; s. 21, ch. 95-327; s. 12, ch. 96-423; s. 1054, ch. 97-103; s. 1, ch. 97-262; s. 9, ch. 98-125; s. 84, ch. 98-199; s. 2, ch. 2000-150; s. 98, ch. 2000-153; s. 30, ch. 2001-89; s. 141, ch. 2001-266; s. 47, ch. 2002-194; s. 489, ch. 2003-261; s. 30, ch. 2003-412; s. 3, ch. 2011-174; s. 25, ch. 2011-213; s. 16, ch. 2013-162; s. 4, ch. 2014-109; s. 7, ch. 2016-56.

¹Note.—Subsection (3) is not divided into subunits.

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Amendments to 440.49

Annotations, Discussions, Cases:

Cases Citing Statute 440.49

Total Results: 200

Chaffee v. Miami Transfer Company, Inc.

288 So. 2d 209, 1974 Fla. LEXIS 4511

Supreme Court of Florida | Filed: Jan 9, 1974 | Docket: 1696364

Cited 54 times | Published

"mergers" appears only in the disability fund statute, § 440.49. We do not find the word "merger" in the statutes

Port Everglades Terminal Co. v. Canty

120 So. 2d 596

Supreme Court of Florida | Filed: May 11, 1960 | Docket: 1685271

Cited 31 times | Published

not only authorized but required by the statute, § 440.49, Fla. Stat., F.S.A. Thus, the consideration of

ESCAMBIA CTY. COUNCIL v. Goldsmith

500 So. 2d 626, 12 Fla. L. Weekly 56

District Court of Appeal of Florida | Filed: Dec 23, 1986 | Docket: 1295049

Cited 16 times | Published

"permanent impairment" and "disability" is section 440.49(2), relating to the limitation of liability

Fidelity & Cas. Co. of NY v. Cooper

382 So. 2d 1331

District Court of Appeal of Florida | Filed: Apr 25, 1980 | Docket: 1255591

Cited 12 times | Published

apparatus" as that term is used in § 440.13(1). See § 440.49(1), Florida Statutes, for additional provisions

Viking Sprinkler Co. v. Thomas

413 So. 2d 816

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 1344806

Cited 11 times | Published

that the E/C admit their responsibility under Section 440.49, Florida Statutes (1979), to provide rehabilitation

Bammac, Inc. v. Grady

500 So. 2d 274, 12 Fla. L. Weekly 32

District Court of Appeal of Florida | Filed: Dec 22, 1986 | Docket: 1689465

Cited 8 times | Published

provider were not "rehabilitation" as defined by section 440.49, Florida Statutes (1985), and that the record

Bammac, Inc. v. Grady

500 So. 2d 274, 12 Fla. L. Weekly 32

District Court of Appeal of Florida | Filed: Dec 22, 1986 | Docket: 1689465

Cited 8 times | Published

provider were not "rehabilitation" as defined by section 440.49, Florida Statutes (1985), and that the record

EB Malone Corp. v. Johnson

425 So. 2d 622

District Court of Appeal of Florida | Filed: Jan 18, 1983 | Docket: 1182196

Cited 8 times | Published

under a rehabilitative program pursuant to Section 440.49, if provided. However, the catastrophic loss

Stephens v. Winn-Dixie Stores, Inc.

201 So. 2d 731

Supreme Court of Florida | Filed: May 31, 1967 | Docket: 1183029

Cited 8 times | Published

and correct interpretation of the law, and of § 440.49(4) (c). Under these circumstances the claimant

Walker v. New Fern Restorium

409 So. 2d 1201

District Court of Appeal of Florida | Filed: Feb 18, 1982 | Docket: 1525410

Cited 7 times | Published

rehabilitation benefits under the 1979 amendments to § 440.49(1), Florida Statutes.[1] After a hearing on the

Adams v. Prestressed Systems Industries

625 So. 2d 895, 1993 WL 405165

District Court of Appeal of Florida | Filed: Oct 12, 1993 | Docket: 474235

Cited 6 times | Published

WOLF, JJ., concur. NOTES [1] "Merger," under Section 440.49(2)(b)(2), Florida Statutes (1989), means that

Smith v. US Sugar Corporation

624 So. 2d 315, 1993 WL 328477

District Court of Appeal of Florida | Filed: Aug 30, 1993 | Docket: 475658

Cited 6 times | Published

employment, in accordance with the dictates of Section 440.49(1)(c), Florida Statutes (1989). We therefore

Grace v. Collier County School Bd.

552 So. 2d 961, 1989 WL 135525

District Court of Appeal of Florida | Filed: Nov 9, 1989 | Docket: 1200051

Cited 6 times | Published

him, nor did it offer him any rehabilitation. Section 440.49(1)(a), Florida Statutes (1987), places the

Prestressed Decking Corp. v. Medrano

556 So. 2d 406, 1989 WL 87555

District Court of Appeal of Florida | Filed: Aug 2, 1989 | Docket: 1528406

Cited 6 times | Published

for rehabilitation. Considering that under Section 440.49(1)(c), Florida Statutes, a deputy is required

SPEC. DIS. TRUST FUND v. Motor & Compressor Co.

446 So. 2d 224

District Court of Appeal of Florida | Filed: Mar 2, 1984 | Docket: 1779891

Cited 6 times | Published

reimbursement of which may be ordered under Section 440.49(2), Florida Statutes (1979). We agree and reverse

Hurricane Fence Industries v. Bozeman

413 So. 2d 822

District Court of Appeal of Florida | Filed: May 6, 1982 | Docket: 1345277

Cited 6 times | Published

need, etc., for rehabilitation as provided by Section 440.49(1)(a), Florida Statutes (1979), a necessary

Dade Fed. Sav. & Loan Ass'n v. Smith

403 So. 2d 995

District Court of Appeal of Florida | Filed: Jun 9, 1981 | Docket: 1251199

Cited 6 times | Published

and partially disabled. A merger occurs under § 440.49(2)(b) when the employee has a permanent physical

Russell House Movers, Inc. v. Nolin

210 So. 2d 859

Supreme Court of Florida | Filed: May 22, 1968 | Docket: 1468768

Cited 6 times | Published

15(5) (c) and the reimbursement provision of Section 440.49(4) (c) are perfect equivalents and can only

Fawaz v. Florida Polymers

622 So. 2d 492, 1993 WL 255549

District Court of Appeal of Florida | Filed: Aug 18, 1993 | Docket: 2555802

Cited 5 times | Published

Brown, 409 So.2d 1147 (Fla. 1st DCA 1982), that Section 440.49(1)(e), Florida Statutes (1987), provides that

Marvin v. Rewis Roofing

553 So. 2d 314, 1989 WL 145749

District Court of Appeal of Florida | Filed: Dec 1, 1989 | Docket: 1259311

Cited 5 times | Published

reached MMI from the second accident. Citing Section 440.49(2)(c), Florida Statutes (1985), providing that

Special Disab. Trust Fund v. Robbins Mfg Co.

484 So. 2d 54

District Court of Appeal of Florida | Filed: Feb 18, 1986 | Docket: 1344304

Cited 5 times | Published

permanent impairment benefits, for purposes of Section 440.49(2)(g), Florida Statutes (1981), is the date

OBS Co., Inc. v. Freeney

475 So. 2d 947, 10 Fla. L. Weekly 2084

District Court of Appeal of Florida | Filed: Sep 5, 1985 | Docket: 1147582

Cited 5 times | Published

any rehabilitation services as required by Section 440.49(1)(a), Florida Statutes.[1] In the *951 situation

Clay Hyder Trucking Lines v. Atherton

450 So. 2d 318, 1984 Fla. App. LEXIS 13359

District Court of Appeal of Florida | Filed: May 22, 1984 | Docket: 1433959

Cited 5 times | Published

DCA 1981), in applying the 1979 version of section 440.49(1), Florida Statutes, in holding the E/C responsible

Bailey v. Hawes Chrysler-Plymouth

410 So. 2d 986

District Court of Appeal of Florida | Filed: Mar 15, 1982 | Docket: 1518532

Cited 5 times | Published

denying rehabilitation services to the claimant. Section 440.49, Fla. Stat. provides that where an employer

City of Homestead, Dade County v. Watkins

285 So. 2d 394

Supreme Court of Florida | Filed: Nov 7, 1973 | Docket: 1743902

Cited 5 times | Published

Fund because they did not have knowledge as per F.S. 440.49(4)(b), and claimant's injury was magnified due

Church's Fried Chicken v. Maloney

599 So. 2d 706, 1992 WL 98787

District Court of Appeal of Florida | Filed: May 13, 1992 | Docket: 1741442

Cited 4 times | Published

additional award of rehabilitation benefits under section 440.49, Florida Statutes (1985), payable before claimant

Cruise Quality Painting v. Paige

564 So. 2d 1190, 1990 WL 102727

District Court of Appeal of Florida | Filed: Jul 23, 1990 | Docket: 1689031

Cited 4 times | Published

15(5)(c) and the reimbursement provision of Section 440.49(4)(c) are perfect equivalents and can only

US Foundry & Mfg. Co. v. Serpa

564 So. 2d 559, 1990 WL 98476

District Court of Appeal of Florida | Filed: Jul 16, 1990 | Docket: 1689085

Cited 4 times | Published

benefits. BOOTH and WOLF, JJ., concur. NOTES [1] Section 440.49(1)(a), Fla. Stat., in pertinent part, requires

New Wales Chemicals, Inc. v. Parks

518 So. 2d 360, 1987 WL 3220

District Court of Appeal of Florida | Filed: Dec 18, 1987 | Docket: 1777752

Cited 4 times | Published

significant issue raised on appeal is whether section 440.49(1)(a), Florida Statutes (1985), permits a claimant

Johns v. State, Dept. of Health and Rehab.

485 So. 2d 857, 11 Fla. L. Weekly 652

District Court of Appeal of Florida | Filed: Mar 13, 1986 | Docket: 1680857

Cited 4 times | Published

SHIVERS and JOANOS, JJ., concur. NOTES [1] Section 440.49(1), Florida Statutes (1981), provides workers'

Central Concrete Co., Inc. v. Harris

475 So. 2d 1300, 10 Fla. L. Weekly 2161

District Court of Appeal of Florida | Filed: Sep 18, 1985 | Docket: 1709907

Cited 4 times | Published

including rehabilitation services pursuant to section 440.49(1)(a), Florida Statutes. With the help of Barry

C & H CONST. v. Leyman

453 So. 2d 1163

District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 1651283

Cited 4 times | Published

accepted by the employee. The provisions of Section 440.49, Florida Statutes (1981) are not indispensable

Butch's Concrete v. Henderson

414 So. 2d 652

District Court of Appeal of Florida | Filed: Jun 4, 1982 | Docket: 1358334

Cited 4 times | Published

change of physician. As to rehabilitative benefits, § 440.49(1), Florida Statutes (1979), provides that: If

Allen United Enterprises v. Special Disability Fund

288 So. 2d 204

Supreme Court of Florida | Filed: Jan 9, 1974 | Docket: 1696496

Cited 4 times | Published

Industrial Claims pursuant to Florida Statutes, Section 440.49(4), F.S.A. The claimant in this compensation

Polk Cty. Bocc v. Special Disability Trust Fund, Department of Labor and Employment Security

791 So. 2d 581, 2001 Fla. App. LEXIS 11251, 2001 WL 912926

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 1229117

Cited 3 times | Published

one year after July 1, 1997, as required by section 440.49(7)(c), Florida Statutes (1997), the claim for

Zundell v. Dade County School Bd.

609 So. 2d 1367, 1992 WL 379421

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 1743348

Cited 3 times | Published

(1991). [16] § 440.02(1), Fla. Stat. (1987). [17] § 440.49(2), Fla. Stat. (1987). [18] As the supreme court

SPECIAL DISABILITY TR. FUND v. Southern Bell Telephone and Telegraph Co.

551 So. 2d 575, 1989 WL 124600

District Court of Appeal of Florida | Filed: Oct 20, 1989 | Docket: 2525619

Cited 3 times | Published

timely file the requisite notice of claim under Section 440.49(2)(g), Florida Statutes. In August 1983, the

Assoc. Coca Cola v. Spec. Disability Tr.

508 So. 2d 1305

District Court of Appeal of Florida | Filed: Jun 17, 1987 | Docket: 1648798

Cited 3 times | Published

of reimbursement requests made pursuant to section 440.49(2)(g), Florida Statutes (1985), must be commenced

City of Miami v. Simpson

459 So. 2d 326

District Court of Appeal of Florida | Filed: Sep 13, 1984 | Docket: 1683331

Cited 3 times | Published

rehabilitation outside the procedures contemplated by Section 440.49(1), Florida Statutes (1981).[2] He went to

Paradise Fruit Co. v. Floyd

425 So. 2d 9

District Court of Appeal of Florida | Filed: Aug 31, 1982 | Docket: 1181709

Cited 3 times | Published

voluntarily provide rehabilitation services. Section 440.49, Florida Statutes (1979), requires that an

WR Grace & Co. v. Marshall

405 So. 2d 444

District Court of Appeal of Florida | Filed: Oct 14, 1981 | Docket: 1703977

Cited 3 times | Published

commissioner's interpretation and application of section 440.49(1)(c), Florida Statutes (1979), by an order

Special Disability Trust Fund v. Fleet Transport Co.

283 So. 2d 31, 1973 Fla. LEXIS 4358

Supreme Court of Florida | Filed: Jun 6, 1973 | Docket: 1489776

Cited 3 times | Published

Special Disability Trust Fund pursuant to Fla. Stat. § 440.49(4), F.S.A. Claimant in this cause, Charles E.

Manatee Memorial Hosp. v. Special Disability Trust

774 So. 2d 876, 2000 WL 1880469

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 1331089

Cited 2 times | Published

(Fund), appellee, was time-barred pursuant to section 440.49(7), Florida Statutes (Supp. 1994), because

Special Disability Trust Fund v. Fla. Power Corp.

558 So. 2d 130, 1990 WL 25952

District Court of Appeal of Florida | Filed: Mar 9, 1990 | Docket: 1404779

Cited 2 times | Published

reimbursement from the Fund in accordance with Section 440.49, Florida Statutes. We reverse. The claimant

Towne v. Bates File Co.

497 So. 2d 967, 11 Fla. L. Weekly 2395

District Court of Appeal of Florida | Filed: Nov 18, 1986 | Docket: 1239670

Cited 2 times | Published

appellant filed a claim for rehabilitation under section 440.49, Florida Statutes, formally requesting the

WILHOIT INTERN. v. Tidwell

497 So. 2d 958, 11 Fla. L. Weekly 2396

District Court of Appeal of Florida | Filed: Nov 17, 1986 | Docket: 1238168

Cited 2 times | Published

rehabilitated, contrary to the *961 requirements of Section 440.49(1)(c), Florida Statutes (1979). This argument

Lemus v. Industrial Sites Services

482 So. 2d 472, 11 Fla. L. Weekly 226

District Court of Appeal of Florida | Filed: Jan 20, 1986 | Docket: 1769346

Cited 2 times | Published

for merger purposes under certain circumstances. § 440.49(2)(f)1.v, Florida Statutes (1981). [2] The order

POLK CTY. BD. OF CTY. COMMISSIONERS v. Patterson

433 So. 2d 1298

District Court of Appeal of Florida | Filed: Jun 30, 1983 | Docket: 1425163

Cited 2 times | Published

to vocational rehabilitation benefits under section 440.49(1)(a), Florida Statutes (1980), for the reason

SP. DISABILITY TRUST FUND v. Jimmy Hart Masonry

424 So. 2d 884

District Court of Appeal of Florida | Filed: Dec 20, 1982 | Docket: 1297260

Cited 2 times | Published

it was not timely filed in accordance with Section 440.49(4)(g), Florida Statutes (1975).[1] The Fund

Cenvill Communities, Inc. v. Brown

409 So. 2d 1147

District Court of Appeal of Florida | Filed: Feb 11, 1982 | Docket: 526302

Cited 2 times | Published

rehabilitation program has been completed. Section 440.49(1)(e), Florida Statutes (1979) provides that

Cenvill Communities, Inc. v. Brown

409 So. 2d 1147

District Court of Appeal of Florida | Filed: Feb 11, 1982 | Docket: 526302

Cited 2 times | Published

rehabilitation program has been completed. Section 440.49(1)(e), Florida Statutes (1979) provides that

Keith v. City of Altamonte Springs

344 So. 2d 555

Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 1517790

Cited 2 times | Published

program be one which meets the requirements of Section 440.49(1).[1] The Legislature has there provided that

Amerisure Mutual Insurance Co. v. Florida Department of Financial Services, Division of Workers' Compensation

156 So. 3d 520, 2015 WL 46515

District Court of Appeal of Florida | Filed: Jan 1, 2015 | Docket: 2620437

Cited 1 times | Published

Special Disability Trust Fund (SDTF) pursuant to section 440.49(9), Florida Statutes (2008), which provides

Ring Power Corp. v. Campbell

697 So. 2d 203, 1997 WL 402111

District Court of Appeal of Florida | Filed: Jul 21, 1997 | Docket: 1776889

Cited 1 times | Published

of compensation claims could approve (or not). § 440.49(1)(a), Fla. Stat. (1993). Since January 1, 1994

D.A. Netzel, Inc. v. Special Disability Trust Fund

681 So. 2d 874, 1996 Fla. App. LEXIS 10947, 1996 WL 600873

District Court of Appeal of Florida | Filed: Oct 22, 1996 | Docket: 64768470

Cited 1 times | Published

within the meaning of section 440.49, Florida Statutes (Supp.1990). Section 440.49(2) clearly requires

Hertz Rent-A-Car v. Sosa

670 So. 2d 73, 1996 WL 27886

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 2532687

Cited 1 times | Published

period of training and education pursuant to section 440.49(1)(d), Florida Statutes (Supp.1990). The employer

Sp. Disability Trust v. Executone

670 So. 2d 143, 1996 WL 119495

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 1245568

Cited 1 times | Published

he first saw him and when he last saw him. Section 440.49(2)(g), Florida Statutes (1987), provides in

Special Disability Tr. Fund v. Champion Intern.

584 So. 2d 619, 1991 WL 152028

District Court of Appeal of Florida | Filed: Aug 7, 1991 | Docket: 466677

Cited 1 times | Published

benefits and wage-loss benefits pursuant to section 440.49(2)(g), Florida Statutes (1983). Because we

ABC Liquors, Inc. v. Creed

573 So. 2d 35, 1990 WL 212131

District Court of Appeal of Florida | Filed: Dec 19, 1990 | Docket: 478822

Cited 1 times | Published

might be deemed to have been "furnished" under section 440.49(1)(b) when received by the claimant, as a minimal

General Tire Serv. v. SPEC. DISABILITY TR. FUND

569 So. 2d 481, 1990 WL 141892

District Court of Appeal of Florida | Filed: Sep 27, 1990 | Docket: 1190156

Cited 1 times | Published

from the Special Disability Trust Fund under section 440.49(2), Florida Statutes (1987), for excess compensation

Grimes v. Leon County School Bd.

518 So. 2d 327, 1987 WL 2665

District Court of Appeal of Florida | Filed: Dec 15, 1987 | Docket: 1777745

Cited 1 times | Published

compliance with the statutory requisites provided in section 440.49(2), Florida Statutes. In balancing the question

Dimirra Development, Inc. v. Mills

501 So. 2d 63, 12 Fla. L. Weekly 245

District Court of Appeal of Florida | Filed: Jan 13, 1987 | Docket: 1527577

Cited 1 times | Published

that claimant had no permanent impairment. Section 440.49(1)(a), Fla. Stat. provides that when an employee

Saunders Contracting v. Clemens

492 So. 2d 1379, 1986 Fla. App. LEXIS 9482, 11 Fla. L. Weekly 1848

District Court of Appeal of Florida | Filed: Aug 22, 1986 | Docket: 64621228

Cited 1 times | Published

(dc) of rehabilitation benefits pursuant to Section 440.49, Florida Statutes. We affirm. The e/e argues

Burnup & Sims, Inc. v. Ozment

440 So. 2d 29

District Court of Appeal of Florida | Filed: Nov 3, 1983 | Docket: 1728475

Cited 1 times | Published

15(1)(b), Fla. Stat. Deputies are prohibited by § 440.49(1)(c), *33 Fla. Stat. from adjudicating injured

Williamson v. Bush & LaFoe

294 So. 2d 641

Supreme Court of Florida | Filed: May 8, 1974 | Docket: 1736349

Cited 1 times | Published

That statute has been renumbered and appears at § 440.49.) It is obvious that the only real difference

Jackson v. Nat Harrison Associates

283 So. 2d 27

Supreme Court of Florida | Filed: Jun 6, 1973 | Docket: 1743524

Cited 1 times | Published

provision was incompatible with those of Fla. Stat. § 440.49(4)(c), F.S.A., which provided for reimbursement

Special Disability Trust Fund v. Miami Airport Hilton/Hilton Hotels Corp.

54 So. 3d 628, 2011 Fla. App. LEXIS 2212, 2011 WL 589688

District Court of Appeal of Florida | Filed: Feb 22, 2011 | Docket: 2408412

Published

the first step in the reimbursement process. See § 440.49(2)(g), Fla. Stat. (Supp.1990). The Fund notified

Florida Sheriffs Workers' Compensation Self-Insurance Fund v. Department of Financial Services

40 So. 3d 792, 2010 Fla. App. LEXIS 9878, 2010 WL 2671801

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 1219188

Published

liability for compensation and medical expense. . . ." § 440.49(1), Fla. Stat. The SDTF is maintained by annual

Special Disability Trust Fund v. PALM BEACH COUNTY SCHOOL DISTRICT

943 So. 2d 298, 2006 Fla. App. LEXIS 20312, 2006 WL 3497260

District Court of Appeal of Florida | Filed: Dec 6, 2006 | Docket: 1526775

Published

applicable in the instant case is one year. See § 440.49(7)(f), Fla. Stat. (1999). Because the request

Lockheed Martin v. SDTF

943 So. 2d 811

District Court of Appeal of Florida | Filed: Sep 18, 2006 | Docket: 2585881

Published

action. The JCC ruled against E/C; we reverse. Section 440.49(7)(a), Florida Statutes, provides that employer/carriers

Special Disability Trust Fund v. Rescare Home Health, Inc./Liberty Mutual Group

930 So. 2d 746, 2006 Fla. App. LEXIS 6698, 2006 WL 1168761

District Court of Appeal of Florida | Filed: May 4, 2006 | Docket: 64845193

Published

ap-pellees’ claim for reimbursement pursuant to section 440.49, Florida Statutes; and 2) whether the JCC erred

Associated Industries Insurance Co. v. State, Department of Labor & Employment Security

923 So. 2d 1252, 2006 Fla. App. LEXIS 4295, 2006 WL 756228

District Court of Appeal of Florida | Filed: Mar 27, 2006 | Docket: 64843075

Published

assessments be based on “net premiums written,” § 440.49(9)(b)(3), Fla. Stat. (1999), amended, by ch. 2000-150

Florida Department of Financial Services v. RISCORP Insurance Co.

871 So. 2d 261, 2004 Fla. App. LEXIS 3239, 2004 WL 502901

District Court of Appeal of Florida | Filed: Mar 16, 2004 | Docket: 64829955

Published

term “net premiums written,” as contained in section 440.49, Florida Statutes, include ceded reinsurance

Special Disability Trust Fund v. School District of Palm Beach

831 So. 2d 242, 2002 Fla. App. LEXIS 17081, 2002 WL 31538797

District Court of Appeal of Florida | Filed: Nov 18, 2002 | Docket: 64819109

Published

timely under section 440.49(7)(c), Florida Statutes. We agree and reverse. Section 440.49(7)(c), Florida

Amendments to the Florida Rules of Workers' Compensation Procedure

829 So. 2d 791, 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673

Supreme Court of Florida | Filed: Sep 19, 2002 | Docket: 64818760

Published

the Special Disability Trust Fund filed under section 440.49(7), Florida Statutes, shall be made under the

Special Disability Trust Fund, Department of Labor & Employment Security v. Brevard County Board of County Commissioners & Underwriters Safety & Claims

824 So. 2d 1035, 2002 Fla. App. LEXIS 12682, 2002 WL 2001348

District Court of Appeal of Florida | Filed: Sep 3, 2002 | Docket: 64817165

Published

entitlement to reimbursement in this case is section 440.49(6)(a)24, Florida Statutes, which was substantially

Manatee Memorial Hospital v. Special Disability Trust Fund

799 So. 2d 352, 2001 Fla. App. LEXIS 15633, 2001 WL 1355599

District Court of Appeal of Florida | Filed: Nov 6, 2001 | Docket: 64810005

Published

meet the $10,000 deductible. The JCC cited section 440.49(4)(a), Florida Statutes (1995), in its order

State v. Special Disability Trust Fund

804 So. 2d 445, 2001 Fla. App. LEXIS 15255, 2001 WL 1299122

District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 64811565

Published

disability and medical benefits pursuant to section 440.49, Florida Statutes (1995). We agree with the

State v. Special Disability Trust Fund

795 So. 2d 1105, 2001 Fla. App. LEXIS 13878, 2001 WL 1168215

District Court of Appeal of Florida | Filed: Oct 4, 2001 | Docket: 64809044

Published

denying their claim for reimbursement under section 440.49(2), Florida Statutes (1983). We reverse. The

Special Disability Trust Fund v. City of Tampa

783 So. 2d 339, 2001 Fla. App. LEXIS 5965, 2001 WL 434882

District Court of Appeal of Florida | Filed: May 1, 2001 | Docket: 64804982

Published

97-262, § 1, at 4720, Laws of Fla. (codified at § 440.49(7)(c), Fla. Stat. (1997)). By the time the City

Staff Leasing v. Special Disability Trust Fund

784 So. 2d 512, 2001 Fla. App. LEXIS 4798, 2001 WL 360830

District Court of Appeal of Florida | Filed: Apr 12, 2001 | Docket: 64805202

Published

of Compensation Claims denying, pursuant to section 440.49(6)(a), Florida Statutes (1994), appellants’

Suntrust Banks v. Special Disability Trust Fund

772 So. 2d 632, 2000 Fla. App. LEXIS 16334, 2000 WL 1838924

District Court of Appeal of Florida | Filed: Dec 15, 2000 | Docket: 64802106

Published

the Special Disability Trust Fund pursuant to section 440.49(2), Florida Statutes (1991). Because the appellants

Amendments to the Florida Rules of Workers' Compensation Procedure

795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 64808988

Published

the Special Disability Trust Fund filed under section 440.49(7), Florida Statutes, shall be made under the

Special Disability Trust Fund v. Lil' Champ Food Stores, Inc.

765 So. 2d 182, 2000 Fla. App. LEXIS 8953, 2000 WL 966182

District Court of Appeal of Florida | Filed: Jul 14, 2000 | Docket: 64799697

Published

mooting consideration of the remaining issues. Section 440.49(2)©, Florida Statutes (1985), bars an employer

Special Disability Trust Fund v. Dade County School Board

765 So. 2d 157, 2000 Fla. App. LEXIS 8084, 2000 WL 852567

District Court of Appeal of Florida | Filed: Jun 29, 2000 | Docket: 64799690

Published

other elements of the claim had been satisfied. Section 440.49(2)(g), Florida Statutes (1979), required a

Special Disability Trust Fund v. Northwest Airlines

738 So. 2d 479, 1999 Fla. App. LEXIS 10436, 1999 WL 560241

District Court of Appeal of Florida | Filed: Aug 3, 1999 | Docket: 64789778

Published

the employment of the physically handicapped.” § 440.49(2)(a), Fla. Stat. (Supp.1990). The means by which

Special Disability Trust Fund v. Low Cost Transmission & American States Insurance

725 So. 2d 1218, 1999 Fla. App. LEXIS 246, 1999 WL 12936

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 64786046

Published

December 6, 1993, was therefore timely under section 440.49(2)(g), Florida Statutes (1987). She ordered

Special Disability Trust Fund v. Meyer USA

721 So. 2d 421, 1998 Fla. App. LEXIS 14998, 1998 WL 827757

District Court of Appeal of Florida | Filed: Nov 30, 1998 | Docket: 64784541

Published

second carrier’s claim against the Fund under section 440.49(2), Florida Statutes (1987), for reimbursement

Special Disability Trust Fund v. Hubbard Construction Co

701 So. 2d 1209, 1997 Fla. App. LEXIS 13291, 1997 WL 730699

District Court of Appeal of Florida | Filed: Nov 26, 1997 | Docket: 64777004

Published

appeals an order requiring it, pursuant to section 440.49(2)(b), Florida Statutes (1991), to reimburse

Special Disability Trust Fund Department of Labor & Employment Security v. Space Coast Plastering

695 So. 2d 1304, 1997 Fla. App. LEXIS 7249, 1997 WL 352446

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 64774555

Published

constituted a permanent physical impairment under section 440.49(2)(b)l., Florida Statutes (1985), and that

Special Disability Trust Fund v. P.B. Newspaper/United Self Insured

697 So. 2d 1226, 1997 Fla. App. LEXIS 7242, 1997 WL 352734

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 64775360

Published

permanently and totally disabled. We disagree. Section 440.49(2), Florida Statutes (1991), authorizes reimbursement

Special Disability Trust Fund v. Florida Hospital

692 So. 2d 260, 1997 Fla. App. LEXIS 4186, 1997 WL 196371

District Court of Appeal of Florida | Filed: Apr 24, 1997 | Docket: 64772623

Published

Fund (Fund), we have occasion *261to construe section 440.49, Florida Statutes (Supp.1994). This statute

American Express v. Special Disability Trust Fund, Department of Labor & Employment Security

694 So. 2d 59, 1997 Fla. App. LEXIS 3514, 1997 WL 162736

District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 64773858

Published

than two years after the MMI date, contrary to section 440.49(2)(g), Florida Statutes (1987).1 The E/SA argues

Special Disability Trust Fund Department of Labor & Employment Security v. Florida Crushed Stone Co.

689 So. 2d 430, 1997 Fla. App. LEXIS 2353, 1997 WL 108944

District Court of Appeal of Florida | Filed: Mar 13, 1997 | Docket: 64771667

Published

determined that the claim was timely filed under section 440.49(2), Florida Statutes (1987). Contrary to the

Special Disability Trust Fund v. A-1 Block Corp. & Feisco

688 So. 2d 968, 1997 Fla. App. LEXIS 1538, 1997 WL 78030

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 64771497

Published

period at issue is section 440.49(2)(c)3, Florida Statutes (1991). Section 440.49(2)(c)3 provides: 3

Special Disability Trust Fund, Department of Labor & Employment Security v. Orange County Board of Commissioners

687 So. 2d 1368, 1997 Fla. App. LEXIS 1381, 1997 WL 67974

District Court of Appeal of Florida | Filed: Feb 20, 1997 | Docket: 64771168

Published

reimbursement accrues every six months pursuant to section 440.49(2)(g), Florida Statutes (1981), and it is not

Lockheed Space Operations v. Langworthy

686 So. 2d 665, 1996 WL 710776

District Court of Appeal of Florida | Filed: Dec 12, 1996 | Docket: 1676246

Published

vocational rehabilitation. This court held that section 440.49(1)(c)(1979), under which, prior to adjudicating

Special Disability Trust Fund of Labor & Employment Security v. Collier Enterprises

676 So. 2d 45, 1996 Fla. App. LEXIS 6715, 1996 WL 349961

District Court of Appeal of Florida | Filed: Jun 27, 1996 | Docket: 64765994

Published

application for reimbursement be dismissed. Section 440.49(2)(g), Florida Statutes (1987), states in part:

Special Disability Trust Fund v. Comcar Industries

675 So. 2d 1019, 1996 Fla. App. LEXIS 6656, 1996 WL 343002

District Court of Appeal of Florida | Filed: Jun 25, 1996 | Docket: 64765523

Published

that it reimburse the employer pursuant to section 440.49, Florida Statutes (1993), for excess compensation

Deep South Products v. Special Disability Trust Fund

675 So. 2d 191, 1996 Fla. App. LEXIS 5474, 1996 WL 280013

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 64765247

Published

in F. Benson, the extended filing period in section 440.49(2)(g), Florida Statutes (1987), applies to

In re Amendments to the Florida Rules of Workers' Compensation Procedure

674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64765026

Published

the Special Disability Trust Fund filed under section 440.49(7), Florida Statutes, shall be made under the

Special Disability Trust Fund v. Current Builders, Hewitt Coleman & Associates

668 So. 2d 699, 1996 Fla. App. LEXIS 1592, 1996 WL 82769

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 64762644

Published

order the Fund to pay a claimant directly. See § 440.49(2)(a), Fla.Stat. (1981) (“this subsection shall

Roberson v. Winn Dixie Stores, Inc.

669 So. 2d 294, 1996 Fla. App. LEXIS 1480, 1996 WL 71127

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 64762856

Published

vocational rehabilitation training pursuant to section 440.49(1) is entitled to receive temporary disability

Lowry v. Bob Evans Farms, Inc.

666 So. 2d 977, 1996 Fla. App. LEXIS 138, 1996 WL 12614

District Court of Appeal of Florida | Filed: Jan 16, 1996 | Docket: 64761707

Published

odds” with the concept of “rehabilitation” in section 440.49, Florida Statutes (1987), as interpreted by

Ruch v. Ideal Cleaners & Laundry

653 So. 2d 509, 1995 Fla. App. LEXIS 4360, 1995 WL 236971

District Court of Appeal of Florida | Filed: Apr 25, 1995 | Docket: 64755501

Published

receiving rehabilitation and retraining under section 440.49, Florida Statutes (Supp.1990), if such retraining

Special Disability Trust Fund, Department of Labor & Employment Security v. Westwind Transportation

648 So. 2d 830, 1995 Fla. App. LEXIS 76, 1995 WL 6373

District Court of Appeal of Florida | Filed: Jan 10, 1995 | Docket: 64753450

Published

Special Disability Trust Fund, which was denied. Section 440.49(2)(g), Florida Statutes (1981),1 provides,

Jenkins v. Ace Beauty Co.

636 So. 2d 801, 1994 Fla. App. LEXIS 4049, 1994 WL 159902

District Court of Appeal of Florida | Filed: May 3, 1994 | Docket: 64748297

Published

Florida Statutes, which the Division administers. Section 440.49(1), Florida Statutes (1991), which requires

Fairchild Aircraft v. Raybon

634 So. 2d 801, 1994 Fla. App. LEXIS 3214, 1994 WL 113638

District Court of Appeal of Florida | Filed: Apr 7, 1994 | Docket: 64747424

Published

contend, the JCC disregarded the mandate of section 440.49(l)(c), Florida Statutes, as amended by Chapter

Special Disability Trust Fund v. Jack Eckerd Corp.

627 So. 2d 1277, 1993 Fla. App. LEXIS 12133, 1993 WL 502608

District Court of Appeal of Florida | Filed: Dec 9, 1993 | Docket: 64744666

Published

constitute a “permanent physical impairment” under section 440.49(2)(b)l., Florida Statutes (1985), so as to

Special Disability Trust Fund v. Benson

626 So. 2d 1078, 1993 Fla. App. LEXIS 11523, 1993 WL 469428

District Court of Appeal of Florida | Filed: Nov 17, 1993 | Docket: 64744078

Published

their notice of claim for reimbursement based on § 440.49(2)(g), Florida Statutes (1985), which provides:

Breakers Hotel v. Special Disability Trust Fund

620 So. 2d 1132, 1993 Fla. App. LEXIS 7067, 1993 WL 242666

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 64697478

Published

Special Disability Trust Fund, pursuant to section 440.49, Florida Statutes, to reimburse the appropriate

Phillips v. Pools By Andrew

620 So. 2d 261, 1993 Fla. App. LEXIS 6762, 1993 WL 225640

District Court of Appeal of Florida | Filed: Jun 28, 1993 | Docket: 64697057

Published

unnecessary for us to address the application of section 440.49(l)(a), Florida Statutes (1990),2 to accidents

FEISC v. Special Disability Trust Fund

615 So. 2d 859, 1993 WL 77419

District Court of Appeal of Florida | Filed: Mar 22, 1993 | Docket: 1185311

Published

sought to obtain the agency's interpretation of section 440.49(2)(f)2, Florida Statutes (1991), which provides

Hyatt Hotel v. Lalu

605 So. 2d 965, 1992 Fla. App. LEXIS 10343, 1992 WL 260517

District Court of Appeal of Florida | Filed: Oct 5, 1992 | Docket: 64670122

Published

[claimant] in finding work outside his experience.” Section 440.49(l)(a), Fla.Stat., (1989),1 places the burden

Jake's Restaurant v. Special Disability Trust Fund

596 So. 2d 498, 1992 Fla. App. LEXIS 3850, 1992 WL 59248

District Court of Appeal of Florida | Filed: Mar 27, 1992 | Docket: 64666380

Published

the form of wage loss benefits), is barred by section 440.49(2)(g), Florida Statutes (1985). The 60-day

Hillsborough County School Board v. Special Disability Trust Fund

596 So. 2d 483, 1992 Fla. App. LEXIS 3542, 1992 WL 59219

District Court of Appeal of Florida | Filed: Mar 24, 1992 | Docket: 64666377

Published

Special Disability Trust Fund, pursuant to section 440.49(2)(c), Florida Statutes, required to reimburse

Special Disability Trust Fund v. Stephens

595 So. 2d 206, 1992 Fla. App. LEXIS 1857

District Court of Appeal of Florida | Filed: Feb 27, 1992 | Docket: 64665843

Published

the Special Disability Trust Fund pursuant to section 440.49(2), Florida Statutes (1983). Although the Fund

Special Disability Trust Fund, Department of Labor & Employment Security v. Florida Power Corp.

593 So. 2d 1178, 1992 Fla. App. LEXIS 1355, 1992 WL 25783

District Court of Appeal of Florida | Filed: Feb 14, 1992 | Docket: 64665381

Published

evidence fails to establish “merger” under Section 440.-49(2)(b)2.b., Florida Statutes, and that ap-pellee

Spotmaster Cleaners v. Special Disability Trust Fund

580 So. 2d 263, 1991 WL 75654

District Court of Appeal of Florida | Filed: May 14, 1991 | Docket: 1365219

Published

sought reimbursement from the Fund pursuant to section 440.49(2)(b)3., Florida Statutes (1989), alleging

Brosnan v. Sourbeck Roofing, Inc.

578 So. 2d 460, 1991 Fla. App. LEXIS 3839, 1991 WL 59997

District Court of Appeal of Florida | Filed: Apr 23, 1991 | Docket: 64658268

Published

rehabilitation training as contemplated by section 440.-49(l)(a), Florida Statutes (1983). Consequently

Strawter v. Atlas Steel Fence, Inc. Claims Center

578 So. 2d 455, 1991 Fla. App. LEXIS 3627, 1991 WL 60014

District Court of Appeal of Florida | Filed: Apr 22, 1991 | Docket: 64658266

Published

not decide whether an amended provision of Section 440.49(l)(a), Florida Statutes (1990),1 which took

Hillsborough County School Board v. Brown

573 So. 2d 871, 1990 Fla. App. LEXIS 9047, 1990 WL 188968

District Court of Appeal of Florida | Filed: Dec 3, 1990 | Docket: 64656023

Published

equal to those earned prior to the injury. See § 440.49(1)(a), Fla.Stat. (1987); A.D. Builders, Inc. v

Ardmore Farms v. Wallace

571 So. 2d 47, 1990 Fla. App. LEXIS 8904, 1990 WL 181564

District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 64654942

Published

responsible for claimant’s rehabilitation since section 440.49, as amended in 1989, now makes the Division

Gulf Life Insurance v. Mullaly

566 So. 2d 873, 1990 Fla. App. LEXIS 6754, 1990 WL 129096

District Court of Appeal of Florida | Filed: Sep 7, 1990 | Docket: 64652935

Published

paragraph 7, the judge properly considered section 440.49(l)(c) and determined that, since vocational

Farm Stores, Inc. v. Fletcher

556 So. 2d 791, 1990 Fla. App. LEXIS 806, 1990 WL 10891

District Court of Appeal of Florida | Filed: Feb 9, 1990 | Docket: 64648066

Published

she is able to satisfy the requirements of Section 440.49(1)(a), Florida Statutes (1987). Cf. Professional

Robinson v. Volusia County Council on Aging

568 So. 2d 55, 1990 Fla. App. LEXIS 1155, 1990 WL 10880

District Court of Appeal of Florida | Filed: Feb 8, 1990 | Docket: 64653740

Published

procedures for obtaining rehabilitation set up by Section 440.49, Florida Statutes were not complied with. From

Faulk v. Roadway Express, Inc.

554 So. 2d 649, 1989 Fla. App. LEXIS 7455, 1989 WL 155598

District Court of Appeal of Florida | Filed: Dec 29, 1989 | Docket: 64647271

Published

ambit of rehabilitation expenses authorized by section 440.49, Florida Statutes, stating that chapter 440

Kash 'N Karry v. Wallace

553 So. 2d 222, 14 Fla. L. Weekly 2600, 1989 Fla. App. LEXIS 6317, 1989 WL 135513

District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 64646759

Published

Statutes (1987) or rehabilitation benefits under Section 440.49. The E/C argues on appeal that the lump sum

Flowers Baking Co. v. Special Disability Trust Fund

550 So. 2d 135, 14 Fla. L. Weekly 2354, 1989 Fla. App. LEXIS 5519, 1989 WL 117149

District Court of Appeal of Florida | Filed: Oct 6, 1989 | Docket: 64645499

Published

reimbursement from the Special Disability Trust Fund. Section 440.49(2)(b)2.b. provides: Merger describes or means

Special Disability Trust Fund v. Super Food Services

544 So. 2d 291, 14 Fla. L. Weekly 1287, 1989 Fla. App. LEXIS 3034, 1989 WL 57840

District Court of Appeal of Florida | Filed: May 25, 1989 | Docket: 64642882

Published

reimbursement within 60 days as required by section 440.49(2)(g), Florida Statutes (1983), we reverse

The Florida Bar

535 So. 2d 243, 1988 Fla. LEXIS 1479, 1988 WL 135851

Supreme Court of Florida | Filed: Aug 18, 1988 | Docket: 64639166

Published

the Special Disability Trust Fund pursuant to Section 440.49(2), Florida Statutes, shall be made substantially

A.D. Builders, Inc. v. Johnston

528 So. 2d 1225, 13 Fla. L. Weekly 1588, 1988 Fla. App. LEXIS 2950, 1988 WL 70566

District Court of Appeal of Florida | Filed: Jul 8, 1988 | Docket: 64636208

Published

rehabilitation benefits as requested with Jerry Adato. Section 440.49(l)(a), Florida Statutes (1986) states as follows:

Southland Corp. v. Special Disability Trust Fund

526 So. 2d 1039, 13 Fla. L. Weekly 1447, 1988 Fla. App. LEXIS 2657, 1988 WL 62158

District Court of Appeal of Florida | Filed: Jun 17, 1988 | Docket: 64635488

Published

additional death benefits under the statute. Under section 440.49(2)(d), Florida Statutes (1980), the E/C was

Special Disability Trust Fund v. Pantry Pride

517 So. 2d 84, 13 Fla. L. Weekly 43, 1987 Fla. App. LEXIS 11744, 1987 WL 3192

District Court of Appeal of Florida | Filed: Dec 21, 1987 | Docket: 64631637

Published

ordered the Fund to reimburse the E/SA under section 440.49(2) for benefits paid subsequent to the December

Special Disability Trust Fund, Department of Labor & Employment Security v. Van Pelt Bros. Dairy

513 So. 2d 1344, 12 Fla. L. Weekly 2393, 1987 Fla. App. LEXIS 12262

District Court of Appeal of Florida | Filed: Oct 12, 1987 | Docket: 64630256

Published

was entitled to the conclusive presumption in section 440.49(2)(f)l, Florida Statutes (1985), and to reimbursement

Special Disability Trust Fund v. Martin Marietta Corp.

512 So. 2d 1036, 12 Fla. L. Weekly 2130, 1987 Fla. App. LEXIS 10123

District Court of Appeal of Florida | Filed: Sep 3, 1987 | Docket: 64629599

Published

reimburse the employer/carrier (e/c) pursuant to Section 440.49(2), Florida Statutes (1983), for benefits paid

Uniweld Products, Inc. v. Lopez

511 So. 2d 758, 12 Fla. L. Weekly 2099, 1987 Fla. App. LEXIS 10083

District Court of Appeal of Florida | Filed: Sep 1, 1987 | Docket: 64629020

Published

under a rehabilitative program pursuant to section 440.49, if provided. Amputation results in the permanent

Armellini Express Lines, Inc. v. Special Disability Trust Fund

512 So. 2d 253, 12 Fla. L. Weekly 2031, 1987 Fla. App. LEXIS 9948

District Court of Appeal of Florida | Filed: Aug 19, 1987 | Docket: 64629261

Published

alternative definitions of merger provided in section 440.-49(2)(b)2, Florida Statutes (1983): a. Had the

Deltona Utilities v. Edwards

502 So. 2d 514, 12 Fla. L. Weekly 542, 1987 Fla. App. LEXIS 6764

District Court of Appeal of Florida | Filed: Feb 17, 1987 | Docket: 64625050

Published

Compensation Practice, section 7.7 (3d ed. 1986); section 440.-49(2)(b)2.b., Florida Statutes. Since there is

Cuccarollo v. Gulf Coast Building Contractors

500 So. 2d 547, 11 Fla. L. Weekly 2158, 1986 Fla. App. LEXIS 10132

District Court of Appeal of Florida | Filed: Oct 14, 1986 | Docket: 64624243

Published

average weekly earnings at the time of injury.” Section 440.49(l)(a), Florida Statutes. Cf Underwood v. Terminal-Frouge

Sugar Cane Growers Co-op of Florida v. Sutterfield

490 So. 2d 1350, 11 Fla. L. Weekly 1503, 1986 Fla. App. LEXIS 8754

District Court of Appeal of Florida | Filed: Jul 9, 1986 | Docket: 64620437

Published

request for additional rehabilitation pursuant to Section 440.49(l)(d) and (e), Florida Statutes. The denial

Associated Home Health Agency, Inc. v. Lore

484 So. 2d 1389, 11 Fla. L. Weekly 740, 1986 Fla. App. LEXIS 7012

District Court of Appeal of Florida | Filed: Mar 26, 1986 | Docket: 64618044

Published

provide rehabilitative services pursuant to section 440.49(l)(a), Florida Statutes (1983). Appellants

Norris v. Ed Taylor Corp.

484 So. 2d 64, 11 Fla. L. Weekly 547, 1986 Fla. App. LEXIS 6769

District Court of Appeal of Florida | Filed: Mar 3, 1986 | Docket: 64617723

Published

time as the claimant is presently unemployed. Section 440.49(1)(a), Florida Statutes (1981) provides: When

Stidham v. Special Disability Trust Fund

480 So. 2d 693, 11 Fla. L. Weekly 74, 1985 Fla. App. LEXIS 6042

District Court of Appeal of Florida | Filed: Dec 30, 1985 | Docket: 64616394

Published

classification of future benefits in the settlement order. § 440.49(2)(g), Florida Statutes. The deputy’s resolution

Special Disability Trust Fund, Department of Labor & Employment Security v. George Stuart, Inc.

481 So. 2d 59, 11 Fla. L. Weekly 34, 1985 Fla. App. LEXIS 16894

District Court of Appeal of Florida | Filed: Dec 23, 1985 | Docket: 64616569

Published

excess compensation was paid as required by Section 440.49(2)(c)3, Florida Statutes; or, (2) if Frey was

Special Disability Trust v. Lakeland Const.

478 So. 2d 391

District Court of Appeal of Florida | Filed: Oct 29, 1985 | Docket: 1484549

Published

directing it to reimburse the employer pursuant to section 440.49, Florida Statutes (1979), for excess permanent

Special Disability Trust Fund v. SIESTA LAGO MOBIKE HOMES

473 So. 2d 8, 10 Fla. L. Weekly 1707

District Court of Appeal of Florida | Filed: Jul 15, 1985 | Docket: 451686

Published

employer/carrier's claim for reimbursement pursuant to Section 440.49, Florida Statutes (1979). We reverse. The employer/carrier

Okeechobee Restaurant v. de la Nuez

459 So. 2d 411, 9 Fla. L. Weekly 2377, 1984 Fla. App. LEXIS 16589

District Court of Appeal of Florida | Filed: Nov 14, 1984 | Docket: 64608276

Published

Bourne, 408 So.2d 809 (Fla. 1st DCA 1982). Section 440.49(l)(c), Fla. Stat., provides as follows: Prior

Special Disability Trust Fund v. Answerite Professional Telephone Service

458 So. 2d 404, 9 Fla. L. Weekly 2314, 1984 Fla. App. LEXIS 16518

District Court of Appeal of Florida | Filed: Nov 6, 1984 | Docket: 64607829

Published

be a hindrance to employment as required by Section 440.49, Florida Statutes (1979), and ordered the employer/carrier

Special Disability Trust Fund v. Trail Tire Center

453 So. 2d 462, 1984 Fla. App. LEXIS 14264

District Court of Appeal of Florida | Filed: Jul 13, 1984 | Docket: 64606098

Published

v. Tropicana, Etc., 358 So.2d 1 (Fla.1978); section 440.49(2)(i), Florida Statutes (1979). Accordingly

Pine Island Ridge Country Club v. Bourst

453 So. 2d 1121, 1984 Fla. App. LEXIS 13362

District Court of Appeal of Florida | Filed: May 22, 1984 | Docket: 64606292

Published

or services when they are deemed necessary. Section 440.49(1)(a), Florida Statutes (1979); Hurricane Fence

Tramontana v. Tampa Steel Erecting Co.

450 So. 2d 557, 1984 Fla. App. LEXIS 13013

District Court of Appeal of Florida | Filed: May 3, 1984 | Docket: 64604977

Published

by the Division of Workers’ Compensation. Section 440.-49(1), Florida Statutes (1977). On July 9, 1979

Special Disability Trust Fund, Department of Labor & Employment Security v. Artisan Woodcrafters, Inc.

447 So. 2d 955, 1984 Fla. App. LEXIS 12243

District Court of Appeal of Florida | Filed: Mar 14, 1984 | Docket: 64603843

Published

payments to an employee in accordance with Section 440.49, Florida Statutes (1975). The deputy commissioner

Special Disability Trust Fund, Department of Labor & Employment Security v. First National Insurance Co.

444 So. 2d 1147, 1984 Fla. App. LEXIS 11678

District Court of Appeal of Florida | Filed: Feb 9, 1984 | Docket: 64602607

Published

disability (TTD) and medical benefits is barred by Section 440.49(2)(g), Florida Statutes (1981). Hall, the claimant

Visiting Nurses Ass'n v. Teel

443 So. 2d 318, 1983 Fla. App. LEXIS 25314

District Court of Appeal of Florida | Filed: Dec 28, 1983 | Docket: 64601974

Published

laboratory assistant for a period of 26 weeks. Section 440.49(l)(a), Florida Statutes (1981), entitles an

Gulfstar, Inc. v. Shuman

440 So. 2d 1327, 1983 Fla. App. LEXIS 24085

District Court of Appeal of Florida | Filed: Nov 16, 1983 | Docket: 64600954

Published

travel costs to a rehabilitation program under Section 440.49(1), Florida Statutes (1981). We affirm. The

Chung v. Bay Steel Erection Co.

431 So. 2d 292, 1983 Fla. App. LEXIS 19350

District Court of Appeal of Florida | Filed: May 12, 1983 | Docket: 64596965

Published

for purposes of rehabilitation services under Section 440.49, Florida Statutes, is irrelevant to his status

All American Pools 'N Patio v. Zinnkann

429 So. 2d 733, 1983 Fla. App. LEXIS 18943

District Court of Appeal of Florida | Filed: Mar 29, 1983 | Docket: 64596346

Published

encourages the rehabilitation of injured employees. Section 440.49, Florida Statutes (1977) provided that in cases

Special Disability Trust Fund, Department of Labor & Employment Security v. Sunshine Junior Stores, Inc.

417 So. 2d 1170, 1982 Fla. App. LEXIS 20888

District Court of Appeal of Florida | Filed: Aug 16, 1982 | Docket: 64591674

Published

legislature’s intent in creating the Fund is stated in Section 440.49(2)(a), Florida Statutes (1981). Although not

Special Disability Trust Fund, Department of Labor and Employment Security v. Master Distributors

418 So. 2d 1124, 1982 Fla. App. LEXIS 20863

District Court of Appeal of Florida | Filed: Aug 11, 1982 | Docket: 64591912

Published

employer/carrier’s claim for reimbursement under Section 440.49(5)(f), Florida Statutes (1978 Supp.). Likewise

Board of County Commissioners v. Special Disability Trust Fund

417 So. 2d 1075, 1982 Fla. App. LEXIS 20624

District Court of Appeal of Florida | Filed: Jul 29, 1982 | Docket: 64591622

Published

its first payment of excess compensation. See § 440.49(4)(g), Fla.Stat. (Supp.1974). We affirm not because

Special Disability Trust Fund v. Geophysical Services, Inc.

414 So. 2d 644, 1982 Fla. App. LEXIS 20159

District Court of Appeal of Florida | Filed: Jun 2, 1982 | Docket: 64590290

Published

deputy’s failure to bar the claim pursuant to Section 440.49(5)(g), Florida Statutes (Supp.1978). We affirm

Hop N Shop Food Stores v. Shore

413 So. 2d 862, 1982 Fla. App. LEXIS 19976

District Court of Appeal of Florida | Filed: May 12, 1982 | Docket: 64589872

Published

of Workers’ Compensation did not comply with Section 440.49(1), Florida Statutes (1981). LARRY G. SMITH

Jack E. Merklein, Inc. v. Hohl

413 So. 2d 829, 1982 Fla. App. LEXIS 19940

District Court of Appeal of Florida | Filed: May 6, 1982 | Docket: 64589850

Published

confusion similar to that in the present record. Section 440.49(1) requires an evaluation or recommendation

Flor-A-Crete Industries, Inc. v. Drake

409 So. 2d 1196, 1982 Fla. App. LEXIS 19235

District Court of Appeal of Florida | Filed: Feb 18, 1982 | Docket: 64587998

Published

reimbursement to the employer. Florida Statutes, Section 440.49(5)(a) (1978 Supp.).2 Here, the order found

Special Disability Trust Fund v. Parkway General Hospital

407 So. 2d 1030, 1981 Fla. App. LEXIS 22109

District Court of Appeal of Florida | Filed: Dec 29, 1981 | Docket: 64587085

Published

employer/carrier partial reimbursement under Section 440.49(4)(e) for temporary total disability and permanent

Special Disability Trust Fund v. Stardust Acres

403 So. 2d 597, 1981 Fla. App. LEXIS 21630

District Court of Appeal of Florida | Filed: Sep 14, 1981 | Docket: 64585031

Published

care and temporary benefits here in question. § 440.49(2)(e), Florida Statutes. The alternative finding

Special Disability Trust Fund v. Aetna Casualty & Surety Co.

397 So. 2d 381, 1981 Fla. App. LEXIS 19259

District Court of Appeal of Florida | Filed: Apr 21, 1981 | Docket: 64582121

Published

hearing within the time required. We reverse. Section 440.49(2)(g), Florida Statutes, provides, in pertinent

Hall v. Red Bishop Roofing

393 So. 2d 618, 1981 Fla. App. LEXIS 19446

District Court of Appeal of Florida | Filed: Feb 10, 1981 | Docket: 64580190

Published

not present further evidence on that point. Section 440.49(1), Florida Statutes (Supp.1978), provides

Special Disability Trust Fund v. American Can Co.

391 So. 2d 321, 1980 Fla. App. LEXIS 18233

District Court of Appeal of Florida | Filed: Dec 11, 1980 | Docket: 64579246

Published

obstacle to his employment within the dictates of Section 440.-49(2)(f)(l), Florida Statutes. AFFIRMED. WENTWORTH

Special Disability Trust Fund v. City of Hialeah

388 So. 2d 1372, 1980 Fla. App. LEXIS 17797

District Court of Appeal of Florida | Filed: Oct 17, 1980 | Docket: 64578375

Published

Special Disability Trust Fund is liable pursuant to § 440.49, Florida Statutes, for reimbursement to the employer/carrier

Special Disability Trust Fund v. Underwriters Adjusting Co.

383 So. 2d 1167, 1980 Fla. App. LEXIS 16855

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 64576288

Published

The.issue in this appeal is the construction of § 440.49(4)(e), Florida Statutes (1975), which reads: Subject

Media General Corp. v. Curry

382 So. 2d 686, 1980 Fla. LEXIS 4189

Supreme Court of Florida | Filed: Apr 3, 1980 | Docket: 64575614

Published

October 1,1974 effective date of amendments to § 440.49(4), (b), Fla.Stat., knowledge is in our opinion

Cooper v. Palm Beach Atlantic College

381 So. 2d 341, 1980 Fla. App. LEXIS 16309

District Court of Appeal of Florida | Filed: Mar 25, 1980 | Docket: 64575094

Published

Newcombe, IRC Order 2-3363 (Feb. 22, 1978). See also § 440.49(5)(b)l, Florida Statutes. The order is accordingly

Special Disability Trust Fund of Florida Department of Labor & Employment Security v. Harrison

380 So. 2d 493, 1980 Fla. App. LEXIS 16035

District Court of Appeal of Florida | Filed: Feb 20, 1980 | Docket: 64574678

Published

August 13, 1974, satisfied the requirement of Section 440.49(4)(g), Florida Statutes (1973), that any claim

Special Disability Trust Fund v. University of Miami

379 So. 2d 1323, 1980 Fla. App. LEXIS 15963

District Court of Appeal of Florida | Filed: Feb 15, 1980 | Docket: 64574427

Published

employer/carrier. While we recognize that under Section 440.49(4)(a), Florida Statutes, findings of fact with

Special Disability Trust Fund v. B & F Land Design Corp.

379 So. 2d 183, 1980 Fla. App. LEXIS 15744

District Court of Appeal of Florida | Filed: Jan 28, 1980 | Docket: 64574029

Published

the carrier’s claim for reimbursement under Section 440.49, Florida Statutes (1977). The carrier concedes

Special Disability Trust Fund v. Wareham

381 So. 2d 257, 1980 Fla. App. LEXIS 16278

District Court of Appeal of Florida | Filed: Jan 23, 1980 | Docket: 64575065

Published

attorney’s fees, is granted on authority of Section 440.-49(4)(f)2, Florida Statutes (1977), and the order

Special Disability Trust Fund v. Kemp & Guest Roofing & Risk Management Services, Inc.

379 So. 2d 404, 1980 Fla. App. LEXIS 15752

District Court of Appeal of Florida | Filed: Jan 22, 1980 | Docket: 64574096

Published

res judicata.” This provision was added to Section 440.49(4)(g) by Chapter 74-197, § 21, Laws of Florida

Special Disability Trust Fund v. Plaza Motel

377 So. 2d 816, 1979 Fla. App. LEXIS 16185

District Court of Appeal of Florida | Filed: Dec 12, 1979 | Docket: 64573129

Published

clear that for purposes of implementing Fla.Stat. § 440.49, F.S.A., the deputy commissioner must make findings

Special Disability Trust Fund v. TROPICANA, ETC.

358 So. 2d 1

Supreme Court of Florida | Filed: Mar 2, 1978 | Docket: 1691018

Published

settlement. In separate proceedings, pursuant to Section 440.49(4), Florida Statutes (1975), the employer and

Gardner v. D. F. S. Construction Co.

358 So. 2d 171, 1978 Fla. LEXIS 4681

Supreme Court of Florida | Filed: Feb 9, 1978 | Docket: 64564264

Published

or under a rehabilitative program pursuant to F.S. 440.49(1), (2), or (3),” concluding that the provisions

Special Disability Trust Fund v. Southland Corp.

322 So. 2d 900, 1975 Fla. LEXIS 4391

Supreme Court of Florida | Filed: Nov 14, 1975 | Docket: 64550750

Published

against the Fund for reimbursement pursuant to Fla.Stat. 440.49(4) (d), contending that the deceased employee

McConnell Wetenhall Citrus Properties v. Special Disability Trust Fund

304 So. 2d 112, 1974 Fla. LEXIS 4121

Supreme Court of Florida | Filed: Nov 27, 1974 | Docket: 64542943

Published

claim for reimbursement by the Fund pursuant to F. S. 440.49(4) (g), which in pertinent part provides': “[Section]

Johnson v. J. B. McCrary Co.

305 So. 2d 759, 1974 Fla. LEXIS 4108

Supreme Court of Florida | Filed: Nov 20, 1974 | Docket: 64543646

Published

compensation benefits are paid) but is only found in F.S. § 440.49 (the disability fund statute) ; we further observed

Southland Corp. v. Special Disability Fund

284 So. 2d 381, 1973 Fla. LEXIS 4316

Supreme Court of Florida | Filed: Oct 10, 1973 | Docket: 64535076

Published

widow and surviving children under Fla.Stat. § 440.-49(4) (d) F.S.A., would have to be apportioned between

Hartford Accident & Indemnity Co. v. Special Disability Fund

249 So. 2d 673, 1971 Fla. LEXIS 3629

Supreme Court of Florida | Filed: Jun 9, 1971 | Docket: 64521028

Published

permanent physical impairment as prescribed in F.S. Section 440.49(4) (b), F.S.A. However, Deputy Commissioner

San Juan v. Hart Properties, Inc.

248 So. 2d 466, 1971 Fla. LEXIS 3712

Supreme Court of Florida | Filed: May 26, 1971 | Docket: 64520556

Published

, Fla., 201 So.2d 731, we referred to F.S. Section 440.49(4) (c), F.S.A., and related it to our decision

Williams v. North Broward Hospital District

247 So. 2d 59, 1971 Fla. LEXIS 3763

Supreme Court of Florida | Filed: Apr 7, 1971 | Docket: 64519947

Published

Disability Fund disposition of the case. See F.S. Section 440.49, F.S.A., and subsection 4(b) in particular

Pompano Pipelayers Co. v. Special Disability Fund

245 So. 2d 232, 1971 Fla. LEXIS 3964

Supreme Court of Florida | Filed: Mar 3, 1971 | Docket: 64519255

Published

from the Special Disability Fund pursuant to Section 440.49, Florida Statutes, F.S.A. The Fund argued that

Cypress Gardens Citrus Products, Inc. v. Murchison

240 So. 2d 803

Supreme Court of Florida | Filed: Oct 28, 1970 | Docket: 450418

Published

]."[3] That is, without bringing into play Section 440.49(4), when a prior condition merges with a compensable

Florida State Turnpike Authority v. Garvey

234 So. 2d 354, 1970 Fla. LEXIS 2778

Supreme Court of Florida | Filed: Apr 22, 1970 | Docket: 64514303

Published

Special Disability Fund provisions of the Act, Section 440.49 (4) (c), Fla.Stat, F.S.A., come into play;

Golden Isles Pavillion v. Stamford

234 So. 2d 664, 1970 Fla. LEXIS 2789

Supreme Court of Florida | Filed: Apr 22, 1970 | Docket: 64514400

Published

cause total disability. Under Florida Statutes § 440.49(4), F.S.A., if an employer knows of the physical

Randall v. Diamond

215 So. 2d 729, 1968 Fla. LEXIS 2080

Supreme Court of Florida | Filed: Nov 13, 1968 | Docket: 64507320

Published

1965). Therefore, under the Provisions of Florida Statute 440.49(4) (c) [F.S.A.], the employer at the time

Genereux v. Caribbean Concessions, Inc.

211 So. 2d 1, 1968 Fla. LEXIS 2194

Supreme Court of Florida | Filed: May 29, 1968 | Docket: 64505561

Published

in excess of the minimum requirement of F.S. Section 440.49(4) (f), F.S.A., and the increase of 5 per cent

Davis v. Conger Life Insurance

201 So. 2d 727, 1967 Fla. LEXIS 3802

Supreme Court of Florida | Filed: Jul 26, 1967 | Docket: 64502093

Published

not in conjunction with a previous injury. Section 440.49(4) (c) reads: “(c) Permanent disability after

Giglio v. Hillsborough County Board of Public Instruction

197 So. 2d 819, 1967 Fla. LEXIS 4088

Supreme Court of Florida | Filed: Mar 1, 1967 | Docket: 64500596

Published

benefits. In considering the applicability of Section 440.49(4) (c), Florida Statutes, F.S.A., the deputy

Finkley v. John Raffa Lathing

120 So. 2d 9, 1960 Fla. LEXIS 2433

Supreme Court of Florida | Filed: Apr 20, 1960 | Docket: 60195008

Published

rehabilitation investigation conducted pursuant to Section 440.49, Florida Statutes, F.S.A. Subsequently, the

Vaughn v. International Co.

102 So. 2d 825, 1958 Fla. App. LEXIS 2860

District Court of Appeal of Florida | Filed: May 1, 1958 | Docket: 60190147

Published

rehabilitation procedures as provided for under section 440.49, Fla.Stat., F.S.A. The question of the correctness

Stewart v. Board of Public Instruction

102 So. 2d 821, 1958 Fla. App. LEXIS 2859

District Court of Appeal of Florida | Filed: Apr 29, 1958 | Docket: 60190146

Published

Deputy Commissioner’s attention ia invited to Section 440.49(3), Florida Statutes [F.S.A.], which states

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.