Florida Statutes

Fla. Stat. § 440.49 (2025)

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

✓ 2025 Florida Statutes: through the 2025 Regular Session (some sections already show 2026 laws)

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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.

Notes of Decisions

Cited in 201 cases, 1956–2015 · leading case: Escambia Cty. Council v. Goldsmith, 500 So. 2d 626 (Fla. 1st DCA 1986).

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Escambia Cty. Council v. Goldsmith, 500 So. 2d 626 (Fla. 1st DCA 1986). · cites it 12× “Perhaps most illustrative of the conceptual differences between the terms "permanent impairment" and "disability" is section 440.49(2), relating to the limitation of liability of the Special Disability Trust Fund for subsequent injury.”

Gen. Tire Serv. v. Spec. Disability Tr. Fund, 569 So. 2d 481 (Fla. 1st DCA 1990). · cites it 40× “In this workers' compensation case, we review an order denying the employer and carrier reimbursement from the Special Disability Trust Fund under section 440.49(2), Florida Statutes (1987), for excess compensation the carrier claims to have paid for temporary total disability…”

SPEC. DIS. TRUST FUND v. Motor & Compressor Co., 446 So. 2d 224 (Fla. 1st DCA 1984). · cites it 15× “See Section 440.49(1), Florida Statutes (1978 Supp.”

Hurricane Fence Indus. v. Bozeman, 413 So. 2d 822 (Fla. 1st DCA 1982). · cites it 14× “Former Section 440.49, repealed effective July 1, 1979, [6] contained a provision limiting the authority of the deputy commissioner to award rehabilitation benefits.”

Assoc. Coca Cola v. Spec. Disability Tr., 508 So. 2d 1305 (Fla. 1st DCA 1987). · cites it 14× “In those cases where the Fund has an obligation to reimburse an e/c, that obligation is strictly a creature of section 440.49, Florida Statutes. Thus, an e/c's request for a hearing before a deputy commissioner to contest a denial of reimbursement from the Fund is an action…”

Clay Hyder Trucking Lines v. Atherton, 450 So. 2d 318 (Fla. 1st DCA 1984). · cites it 15× “It cannot be held as authority for concluding that the whole of section 440.49, Florida Statutes (1979), is procedural.”

All Am. Pools 'N Patio v. Zinnkann, 429 So. 2d 733 (Fla. 1st DCA 1983). · cites it 22× “49(1), Florida Statutes, was amended in 1979 and now provides as follows: (a) When an employee has suffered an injury covered by this chapter and it appears that the injury will preclude the employee from earning wages equal to wages earned prior to the injury, the employee…”

Viking Sprinkler Co. v. Thomas, 413 So. 2d 816 (Fla. 1st DCA 1982). · cites it 5× “Turning next to the rehabilitation issue, we observe initially that the E/C admit their responsibility under Section 440.49, Florida Statutes (1979), to provide rehabilitation, and to provide it quickly.”

Special Disab. Trust Fund v. Robbins Mfg Co., 484 So. 2d 54 (Fla. 1st DCA 1986). · cites it 12× “Section 440.49(2)(b)3., Florida Statutes (1981) defines excess permanent compensation as "compensation for impairment .”

Hertz Rent-A-Car v. Sosa, 670 So. 2d 73 (Fla. 1st DCA 1996). · cites it 20× “The claimant entered into a settlement agreement which paid him a substantial sum of money, in part for a release of any claim for compensation benefits pursuant to section 440.49 and for "rehabilitation temporary total benefits.”

Walker v. New Fern Restorium, 409 So. 2d 1201 (Fla. 1st DCA 1982). · cites it 8× “With regard to the procedural difficulties, in subsection (1)(a) of § 440.49, the statute sets forth the correct procedure under which an injured employee may obtain rehabilitation.”

Polk Cty. Bocc v. Special Disability Trust Fund, 791 So. 2d 581 (Fla. 1st DCA 2001). · cites it 7× “The pertinent statute in effect at the time of the employee's injury in 1996 was section 440.49(7), Florida Statutes (Supp.”

Show all 201 citing cases →

440.49(1): 29 cases

Clay Hyder Trucking Lines v. Atherton, 450 So. 2d 318 (Fla. 1st DCA 1984). “It cannot be held as authority for concluding that the whole of section 440.49, Florida Statutes (1979), is procedural.”

All Am. Pools 'N Patio v. Zinnkann, 429 So. 2d 733 (Fla. 1st DCA 1983). “49(1), Florida Statutes, was amended in 1979 and now provides as follows: (a) When an employee has suffered an injury covered by this chapter and it appears that the injury will preclude the employee from earning wages equal to wages earned prior to the injury, the employee…”

SPEC. DIS. TRUST FUND v. Motor & Compressor Co., 446 So. 2d 224 (Fla. 1st DCA 1984). “See Section 440.49(1), Florida Statutes (1978 Supp.”

Keith v. City of Altamonte Springs, 344 So. 2d 555 (Fla. 1977).

Walker v. New Fern Restorium, 409 So. 2d 1201 (Fla. 1st DCA 1982). “With regard to the procedural difficulties, in subsection (1)(a) of § 440.49, the statute sets forth the correct procedure under which an injured employee may obtain rehabilitation.”

440.49(1)(a): 22 cases

Hurricane Fence Indus. v. Bozeman, 413 So. 2d 822 (Fla. 1st DCA 1982). “Former Section 440.49, repealed effective July 1, 1979, [6] contained a provision limiting the authority of the deputy commissioner to award rehabilitation benefits.”

Viking Sprinkler Co. v. Thomas, 413 So. 2d 816 (Fla. 1st DCA 1982). “Turning next to the rehabilitation issue, we observe initially that the E/C admit their responsibility under Section 440.49, Florida Statutes (1979), to provide rehabilitation, and to provide it quickly.”

OBS Co. v. Freeney, 475 So. 2d 947 (Fla. 1st DCA 1985).

New Wales Chemicals, Inc. v. Parks, 518 So. 2d 360 (Fla. 1st DCA 1987).

440.49(1)(a)(1989): 1 case

Hertz Rent-A-Car v. Sosa, 670 So. 2d 73 (Fla. 1st DCA 1996). “The claimant entered into a settlement agreement which paid him a substantial sum of money, in part for a release of any claim for compensation benefits pursuant to section 440.49 and for "rehabilitation temporary total benefits.”

440.49(1)(b): 2 cases

ABC Liquors, Inc. v. Creed, 573 So. 2d 35 (Fla. 1st DCA 1990).

Bammac, Inc. v. Grady, 500 So. 2d 274 (Fla. 1st DCA 1986).

440.49(1)(c): 7 cases

WR Grace & Co. v. Marshall, 405 So. 2d 444 (Fla. 1st DCA 1981).

Smith v. US Sugar Corp., 624 So. 2d 315 (Fla. 1st DCA 1993).

Prestressed Decking Corp. v. Medrano, 556 So. 2d 406 (Fla. 1st DCA 1989).

Wilhoit Intern. v. Tidwell, 497 So. 2d 958 (Fla. 1st DCA 1986).

440.49(1)(c)(1979): 1 case

Lockheed Space Operations v. Langworthy, 686 So. 2d 665 (Fla. 1st DCA 1996).

440.49(1)(d): 3 cases

Ring Power Corp. v. Campbell, 697 So. 2d 203 (Fla. 1st DCA 1997).

Gulfstar, Inc. v. Shuman, 440 So. 2d 1327 (Fla. 1st DCA 1983).

440.49(1)(e): 3 cases

Fawaz v. Florida Polymers, 622 So. 2d 492 (Fla. 1st DCA 1993).

Cenvill Communities, Inc. v. Brown, 409 So. 2d 1147 (Fla. 1st DCA 1982).

440.49(11): 1 case

Florida Sheriffs Workers' Comp. Self-Ins. Fund v. Dep't of Fin. Servs., 40 So. 3d 792 (Fla. 1st DCA 2010).

440.49(12): 1 case

Deep South Prods. v. Special Disability Trust Fund, 675 So. 2d 191 (Fla. 1st DCA 1996).

440.49(2): 20 cases

SPEC. DIS. TRUST FUND v. Motor & Compressor Co., 446 So. 2d 224 (Fla. 1st DCA 1984). “See Section 440.49(1), Florida Statutes (1978 Supp.”

Gen. Tire Serv. v. Spec. Disability Tr. Fund, 569 So. 2d 481 (Fla. 1st DCA 1990). “In this workers' compensation case, we review an order denying the employer and carrier reimbursement from the Special Disability Trust Fund under section 440.49(2), Florida Statutes (1987), for excess compensation the carrier claims to have paid for temporary total disability…”

Escambia Cty. Council v. Goldsmith, 500 So. 2d 626 (Fla. 1st DCA 1986). “Perhaps most illustrative of the conceptual differences between the terms "permanent impairment" and "disability" is section 440.49(2), relating to the limitation of liability of the Special Disability Trust Fund for subsequent injury.”

Assoc. Coca Cola v. Spec. Disability Tr., 508 So. 2d 1305 (Fla. 1st DCA 1987). “In those cases where the Fund has an obligation to reimburse an e/c, that obligation is strictly a creature of section 440.49, Florida Statutes. Thus, an e/c's request for a hearing before a deputy commissioner to contest a denial of reimbursement from the Fund is an action…”

Zundell v. Dade Cnty. Sch. Bd., 609 So. 2d 1367 (Fla. 1st DCA 1992).

440.49(2)(a): 15 cases

SPEC. DIS. TRUST FUND v. Motor & Compressor Co., 446 So. 2d 224 (Fla. 1st DCA 1984). “See Section 440.49(1), Florida Statutes (1978 Supp.”

Special Disability Trust v. Lakeland Const., 478 So. 2d 391 (Fla. 1st DCA 1985).

D.A. Netzel, Inc. v. Special Disability Trust Fund, 681 So. 2d 874 (Fla. 1st DCA 1996).

440.49(2)(b): 21 cases

Dade Fed. Sav. & Loan Ass'n v. Smith, 403 So. 2d 995 (Fla. 1st DCA 1981).

Armellini Express Lines, Inc. v. Special Disability Trust Fund, 512 So. 2d 253 (Fla. 1st DCA 1987).

Special Disab. Trust Fund v. Robbins Mfg Co., 484 So. 2d 54 (Fla. 1st DCA 1986). “Section 440.49(2)(b)3., Florida Statutes (1981) defines excess permanent compensation as "compensation for impairment .”

440.49(2)(b)(1): 1 case

Special Disability Trust v. Lakeland Const., 478 So. 2d 391 (Fla. 1st DCA 1985).

440.49(2)(b)(2): 2 cases

Adams v. Prestressed Sys. Indus., 625 So. 2d 895 (Fla. 1st DCA 1993).

Special Disability Trust v. Lakeland Const., 478 So. 2d 391 (Fla. 1st DCA 1985).

440.49(2)(b)(l): 2 cases

D.A. Netzel, Inc. v. Special Disability Trust Fund, 681 So. 2d 874 (Fla. 1st DCA 1996).

Special Disability Trust Fund v. P.B. Newspaper/United Self Insured, 697 So. 2d 1226 (Fla. 1st DCA 1997).

440.49(2)(c): 13 cases

Marvin v. Rewis Roofing, 553 So. 2d 314 (Fla. 1st DCA 1989).

Special Disability Tr. Fund v. Champion Intern., 584 So. 2d 619 (Fla. 1st DCA 1991).

Special Disability Trust Fund v. Stephens, 595 So. 2d 206 (Fla. 1st DCA 1992).

440.49(2)(c)(1): 1 case

Special Disability Trust v. Lakeland Const., 478 So. 2d 391 (Fla. 1st DCA 1985).

440.49(2)(d): 2 cases

Southland Corp. v. Special Disability Trust Fund, 526 So. 2d 1039 (Fla. 1st DCA 1988).

440.49(2)(e): 7 cases

SPEC. DIS. TRUST FUND v. Motor & Compressor Co., 446 So. 2d 224 (Fla. 1st DCA 1984). “See Section 440.49(1), Florida Statutes (1978 Supp.”

Southland Corp. v. Special Disability Trust Fund, 526 So. 2d 1039 (Fla. 1st DCA 1988).

Special Disability Trust Fund v. Stephens, 595 So. 2d 206 (Fla. 1st DCA 1992).

Special Disability Trust Fund v. A-1 Block Corp. & Feisco, 688 So. 2d 968 (Fla. 1st DCA 1997).

440.49(2)(f): 12 cases

D.A. Netzel, Inc. v. Special Disability Trust Fund, 681 So. 2d 874 (Fla. 1st DCA 1996).

Lemus v. Indus. Sites Servs., 482 So. 2d 472 (Fla. 1st DCA 1986).

Special Disability Trust v. Lakeland Const., 478 So. 2d 391 (Fla. 1st DCA 1985).

FEISC v. Special Disability Trust Fund, 615 So. 2d 859 (Fla. 1st DCA 1993).

440.49(2)(f)(1): 2 cases

Special Disability Trust v. Lakeland Const., 478 So. 2d 391 (Fla. 1st DCA 1985).

D.A. Netzel, Inc. v. Special Disability Trust Fund, 681 So. 2d 874 (Fla. 1st DCA 1996).

440.49(2)(f)(l): 2 cases

Special Disability Trust Fund v. Artisan Woodcrafters, Inc., 447 So. 2d 955 (Fla. 1st DCA 1984).

Special Disability Trust Fund v. Nw. Airlines, 738 So. 2d 479 (Fla. 1st DCA 1999).

440.49(2)(g): 25 cases

SPECIAL DISABILITY TR. FUND v. S. Bell Tel. & Tel. Co., 551 So. 2d 575 (Fla. 1st DCA 1989).

Special Disability Trust Fund v. Fla. Power Corp., 558 So. 2d 130 (Fla. 1st DCA 1990).

Sp. Disability Trust v. Executone, 670 So. 2d 143 (Fla. 1st DCA 1996).

440.49(2)(i): 1 case

Special Disability Trust Fund v. Trail Tire Ctr., 453 So. 2d 462 (Fla. 1st DCA 1984).

440.49(3): 2 cases

Stewart v. Bd. of Pub. Instruction, 102 So. 2d 821 (Fla. 3d DCA 1958).

Feldkamp v. Coast Cities Coaches, Inc., 10 Fla. Supp. 94 (Fla. Indus. Comm'n 1956).

440.49(4): 18 cases

Cypress Gardens Citrus Prods., Inc. v. Murchison, 240 So. 2d 803 (Fla. 1970).

Stephens v. Winn-Dixie Stores, Inc., 201 So. 2d 731 (Fla. 1967).

Russell House Movers, Inc. v. Nolin, 210 So. 2d 859 (Fla. 1968).

Special Disability Trust Fund v. TROPICANA, 358 So. 2d 1 (Fla. 1978).

Allen United Enter. v. Special Disability Fund, 288 So. 2d 204 (Fla. 1974).

440.49(4)(a): 2 cases

Special Disability Trust Fund v. Univ. of Miami, 379 So. 2d 1323 (Fla. 1st DCA 1980).

Manatee Mem'l Hosp. v. Special Disability Trust Fund, 799 So. 2d 352 (Fla. 1st DCA 2001).

440.49(4)(b): 3 cases

Dade Fed. Sav. & Loan Ass'n v. Smith, 403 So. 2d 995 (Fla. 1st DCA 1981).

City of Homestead v. Watkins, 285 So. 2d 394 (Fla. 1973).

Manatee Mem'l Hosp. v. Special Disability Trust Fund, 799 So. 2d 352 (Fla. 1st DCA 2001).

440.49(4)(c): 4 cases

Cruise Quality Painting v. Paige, 564 So. 2d 1190 (Fla. 1st DCA 1990).

Jackson v. Nat Harrison Assocs., 283 So. 2d 27 (Fla. 1973).

Special Disability Trust Fund v. Parkway Gen. Hosp., 407 So. 2d 1030 (Fla. 1st DCA 1981).

Special Disability Trust Fund v. Florida Hosp., 692 So. 2d 260 (Fla. 1st DCA 1997).

440.49(4)(e): 2 cases

Special Disability Trust Fund v. Parkway Gen. Hosp., 407 So. 2d 1030 (Fla. 1st DCA 1981).

Special Disability Trust Fund v. Underwriters Adjusting Co., 383 So. 2d 1167 (Fla. 1st DCA 1980).

440.49(4)(f): 3 cases

Special Disability Trust Fund v. Parkway Gen. Hosp., 407 So. 2d 1030 (Fla. 1st DCA 1981).

Special Disability Trust Fund v. Underwriters Adjusting Co., 383 So. 2d 1167 (Fla. 1st DCA 1980).

Special Disability Trust Fund v. City of Hialeah, 388 So. 2d 1372 (Fla. 1st DCA 1980).

440.49(4)(g): 7 cases

Sp. Disability Trust Fund v. Jimmy Hart Masonry, 424 So. 2d 884 (Fla. 1st DCA 1982).

Special Disability Trust Fund v. TROPICANA, 358 So. 2d 1 (Fla. 1978).

Special Disability Trust Fund of Florida Dep't of Labor & Emp. Sec. v. Harrison, 380 So. 2d 493 (Fla. 1st DCA 1980).

Special Disability Trust Fund v. Kemp & Guest Roofing & Risk Mgmt. Servs., Inc., 379 So. 2d 404 (Fla. 1st DCA 1980).

Special Disability Trust Fund v. Sunshine Junior Stores, Inc., 417 So. 2d 1170 (Fla. 1st DCA 1982).

440.49(4)(h)(1): 1 case

Keith v. City of Altamonte Springs, 344 So. 2d 555 (Fla. 1977).

440.49(5)(a): 1 case

Flor-A-Crete Indus., Inc. v. Drake, 409 So. 2d 1196 (Fla. 3d DCA 1982).

440.49(5)(b): 1 case

Cooper v. Palm Beach Atl. Coll., 381 So. 2d 341 (Fla. 1st DCA 1980).

440.49(5)(f): 1 case

Special Disability Trust Fund v. Master Distributors, 418 So. 2d 1124 (Fla. 1st DCA 1982).

440.49(5)(g): 1 case

Special Disability Trust Fund v. Geophysical Servs., Inc., 414 So. 2d 644 (Fla. 1st DCA 1982).

440.49(6)(a): 3 cases

Staff Leasing v. Special Disability Trust Fund, 784 So. 2d 512 (Fla. 1st DCA 2001).

D.A. Netzel, Inc. v. Special Disability Trust Fund, 681 So. 2d 874 (Fla. 1st DCA 1996).

Special Disability Trust Fund v. Brevard Cnty. Bd. of Cnty. Commissioners & Underwriters Saf. & Claims, 824 So. 2d 1035 (Fla. 1st DCA 2002).

440.49(6)(a)(25): 1 case

D.A. Netzel, Inc. v. Special Disability Trust Fund, 681 So. 2d 874 (Fla. 1st DCA 1996).

440.49(7): 6 cases

Manatee Mem'l Hosp. v. Special Disability Trust, 774 So. 2d 876 (Fla. 1st DCA 2000).

Polk Cty. Bocc v. Special Disability Trust Fund, 791 So. 2d 581 (Fla. 1st DCA 2001). “The pertinent statute in effect at the time of the employee's injury in 1996 was section 440.49(7), Florida Statutes (Supp.”

In re Amendments to the Florida Rules of Workers' Comp. Procedure, 674 So. 2d 631 (Fla. 1996).

Amendments to the Florida Rules of Workers' Comp. Procedure, 829 So. 2d 791 (Fla. 2002).

Amendments to the Florida Rules of Workers' Comp. Procedure, 795 So. 2d 863 (Fla. 2000).

440.49(7)(a): 2 cases

Lockheed Martin v. SDTF, 943 So. 2d 811 (Fla. 1st DCA 2006).

Special Disability Trust Fund v. Dade Cnty. Sch. Bd., 765 So. 2d 157 (Fla. 1st DCA 2000).

440.49(7)(c): 3 cases

Special Disability Trust Fund v. Sch. Dist. of Palm Beach, 831 So. 2d 242 (Fla. 1st DCA 2002).

Special Disability Trust Fund v. City of Tampa, 783 So. 2d 339 (Fla. 1st DCA 2001).

440.49(7)(f): 1 case

Special Disability Trust Fund v. PALM BEACH Cnty. Sch. Dist., 943 So. 2d 298 (Fla. 1st DCA 2006).

440.49(9): 2 cases

Amerisure Mut. Ins. Co. v. Florida Dep't of Fin. Servs., 156 So. 3d 520 (Fla. 1st DCA 2015).

Florida Sheriffs Workers' Comp. Self-Ins. Fund v. Dep't of Fin. Servs., 40 So. 3d 792 (Fla. 1st DCA 2010).

440.49(9)(b): 4 cases

Amerisure Mut. Ins. Co. v. Florida Dep't of Fin. Servs., 156 So. 3d 520 (Fla. 1st DCA 2015).

Florida Dep't of Fin. Servs. v. RISCORP Ins. Co., 871 So. 2d 261 (Fla. 1st DCA 2004).

Associated Indus. Ins. Co. v. State, Dep't of Labor & Emp. Sec., 923 So. 2d 1252 (Fla. 1st DCA 2006).

Florida Sheriffs Workers' Comp. Self-Ins. Fund v. Dep't of Fin. Servs., 40 So. 3d 792 (Fla. 1st DCA 2010).

440.49(9)(b)(3): 1 case

Associated Indus. Ins. Co. v. State, Dep't of Labor & Emp. Sec., 923 So. 2d 1252 (Fla. 1st DCA 2006).

440.49(l)(a): 13 cases

Rydwell v. Anchorage Sch. Dist., 864 P.2d 526 (Alaska 1993).

Strawter v. Atlas Steel Fence, Inc. Claims Ctr., 578 So. 2d 455 (Fla. 1st DCA 1991).

Brosnan v. Sourbeck Roofing, Inc., 578 So. 2d 460 (Fla. 1st DCA 1991).

Cuccarollo v. Gulf Coast Bldg. Contractors, 500 So. 2d 547 (Fla. 1st DCA 1986).

Visiting Nurses Ass'n v. Teel, 443 So. 2d 318 (Fla. 1st DCA 1983).

440.49(l)(b): 1 case

Special Disability Trust Fund v. Florida Hosp., 692 So. 2d 260 (Fla. 1st DCA 1997).

440.49(l)(c): 4 cases

Fairchild Aircraft v. Raybon, 634 So. 2d 801 (Fla. 1st DCA 1994).

Okeechobee Restaurant v. de la Nuez, 459 So. 2d 411 (Fla. 1st DCA 1984).

Gulf Life Ins. v. Mullaly, 566 So. 2d 873 (Fla. 1st DCA 1990).

440.49(l)(d): 4 cases

Jenkins v. Ace Beauty Co., 636 So. 2d 801 (Fla. 1st DCA 1994).

Sugar Cane Growers Co-op of Florida v. Sutterfield, 490 So. 2d 1350 (Fla. 1st DCA 1986).

Lowry v. Bob Evans Farms, Inc., 666 So. 2d 977 (Fla. 1st DCA 1996).

440.49(l)(e): 1 case

Lowry v. Bob Evans Farms, Inc., 666 So. 2d 977 (Fla. 1st DCA 1996).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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Fla. Stat. § 440.49 (2025)

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