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Florida Statute 440.49 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
F.S. 440.49
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.

F.S. 440.49 on Google Scholar

F.S. 440.49 on Casetext

Amendments to 440.49


Arrestable Offenses / Crimes under Fla. Stat. 440.49
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.49.



Annotations, Discussions, Cases:

Cases from cite.case.law:

AMERISURE MUTUAL INSURANCE COMPANY, v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS COMPENSATION,, 156 So. 3d 520 (Fla. Dist. Ct. App. 2015)

. . . required to pay quarterly assessments to the Special Disability Trust Fund (SDTF) pursuant to section 440.49 . . . for the purposes of calculating the annual assessments for the Special Disability Trust Fund under s. 440.49 . . . addition the cash refunds Amerisure requested “would be inconsistent with the provisions” of Sections 440.49 . . . See §§ 440.49(9)(b)1., Fla. . . .

SPECIAL DISABILITY TRUST FUND, v. MIAMI AIRPORT HILTON HILTON HOTELS CORP., 54 So. 3d 628 (Fla. Dist. Ct. App. 2011)

. . . See § 440.49(2)(g), Fla. Stat. (Supp.1990). . . .

FLORIDA SHERIFFS WORKERS COMPENSATION SELF- INSURANCE FUND, v. DEPARTMENT OF FINANCIAL SERVICES,, 40 So. 3d 792 (Fla. Dist. Ct. App. 2010)

. . . .”§ 440.49(1), Fla. Stat. . . . . § 440.49(9)(b)l., Fla. Stat. . . . . § 440.49(7), Fla. Stat. . . . In 1997, the Legislature amended section 440.49 by limiting the claims eligible for reimbursement. . . . .” § 440.49(11), Fla. Stat. . . .

SPECIAL DISABILITY TRUST FUND, v. PALM BEACH COUNTY SCHOOL DISTRICT, F. A., 943 So. 2d 298 (Fla. Dist. Ct. App. 2006)

. . . See § 440.49(7)(f), Fla. Stat. (1999). . . .

LOCKHEED MARTIN v. SPECIAL DISABILITY TRUST FUND,, 943 So. 2d 811 (Fla. Dist. Ct. App. 2006)

. . . Section 440.49(7)(a), Florida Statutes, provides that employer/carriers may seek reimbursement from the . . .

SPECIAL DISABILITY TRUST FUND, v. RESCARE HOME HEALTH, INC. LIBERTY MUTUAL GROUP,, 930 So. 2d 746 (Fla. Dist. Ct. App. 2006)

. . . contained in section 95.11(3), Florida Statutes, to ap-pellees’ claim for reimbursement pursuant to section 440.49 . . . at issue was timely filed within the two-year limitations period specifically set forth in section 440.49 . . . The court determined that section 440.49(2)(g), Florida Statutes (1985), the same provision at issue . . . Section 440.49(2)(g) places no time limitation on the filing of reimbursement requests. Id. . . .

ASSOCIATED INDUSTRIES INSURANCE COMPANY, INC. v. STATE DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, 923 So. 2d 1252 (Fla. Dist. Ct. App. 2006)

. . . Applicable statutes provided simply that assessments be based on “net premiums written,” § 440.49(9)( . . . In 1993, the Legislature amended section 440.49, changing “net premiums collected” to “net premiums written . . . its policyholders” from “net premiums written” and “net premiums collected,” as contained in sections 440.49 . . . See § 440.49(9)(b)(l.), Fla. Stat. (2005); § 440.5l(l)(b), Fla. Stat. (2005). . . . .” § 440.49(9)(b)(2.)-(3.), Fla. Stat. (2005); § 440.51(l)(b), Fla. Stat. (2005). . . . .

FLORIDA DEPARTMENT OF FINANCIAL SERVICES, v. RISCORP INSURANCE COMPANY v. Co., 871 So. 2d 261 (Fla. Dist. Ct. App. 2004)

. . . issues, and to protect employers from excess liability for compensation and medical expense ....”§ 440.49 . . . Pursuant to section 440.49(9)(b)3., Florida Statutes (1999), “The net premiums written by the companies . . . among the insurance companies writing compensation insurance in the state and the self-insurers.” § 440.49 . . . HISTORY OF THE STATUTES In 1975, the Legislature amended sections 440.49 and 440.51, which had both used . . . Such an outcome would be contrary to the intent of sections 440.49 and 440.51. . . . I do, however, agree that (1) the interpretation of sections 440.49(9)(b)3 and 440.51(l)(b) urged by . . . position they have in this litigation and, therefore, have no bearing on the outcome; and (3) sections 440.49 . . .

SPECIAL DISABILITY TRUST FUND, v. SCHOOL DISTRICT OF PALM BEACH,, 831 So. 2d 242 (Fla. Dist. Ct. App. 2002)

. . . contends that the JCC erred in finding that the employer/servicing agent’s claim was timely under section 440.49 . . . Section 440.49(7)(c), Florida Statutes (1997) states: A proof of claim must be filed on each notice of . . . The employer/servicing agent’s actions failed to comply with the time limitations in section 440.49(7 . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 829 So. 2d 791 (Fla. 2002)

. . . A claim for reimbursement from the Special Disability Trust Fund filed under section 440.49(7), Florida . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE v. BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS, 824 So. 2d 1035 (Fla. Dist. Ct. App. 2002)

. . . pertinent statutory section relating to the employer’s entitlement to reimbursement in this case is section 440.49 . . . previous injury, but must also specifically have known that the injury constituted a 20% impairment: 440.49 . . . The amended section 440.49(6)(a) was construed in Staff Leasing v. . . . In Staff Leasing, the employee had a preexisting back injury and the subsection at issue was 440.49(6 . . . that it constituted a “preexisting permanent impairment,” as defined by subparagraph 21 of section 440.49 . . .

MANATEE MEMORIAL HOSPITAL, v. SPECIAL DISABILITY TRUST FUND,, 799 So. 2d 352 (Fla. Dist. Ct. App. 2001)

. . . Both the Fund and the appellant agreed that the employee’s injuries merged as defined in sections 440.49 . . . The JCC cited section 440.49(4)(a), Florida Statutes (1995), in its order denying reimbursement. . . . The appellant argues on appeal that section 440.49(4)(b), Florida Statutes (1995), is the appropriate . . . Section 440.49(4)(b) provides for reimbursement of all compensation for permanent total disability. . . . Therefore, the JCC should have relied on section 440.49(4)(b), rather than section 440.49(4)(a), in making . . .

STATE STB, v. SPECIAL DISABILITY TRUST FUND,, 804 So. 2d 445 (Fla. Dist. Ct. App. 2001)

. . . the Special Disability Trust Fund for temporary disability and medical benefits pursuant to section 440.49 . . .

STATE RSKCO, v. SPECIAL DISABILITY TRUST FUND,, 795 So. 2d 1105 (Fla. Dist. Ct. App. 2001)

. . . self insurer appeal a workers’ compensation order denying their claim for reimbursement under section 440.49 . . . Nothing in the language of section 9, chapter 87-330, Laws of Florida, amending section 440.49(2)(g), . . . We therefore find that the applicable version of section 440.49(2)(g) is the one which was in effect . . . The 1985 version of section 440.49(2)(g) in effect at the date of injury requires the claim be filed . . . Section 440.49(2)(c)3. provides that the employer is entitled to reimbursement "for all compensation . . .

POLK COUNTY BOCC v. SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA,, 791 So. 2d 581 (Fla. Dist. Ct. App. 2001)

. . . employer had failed to file a proof of claim within one year after July 1, 1997, as required by section 440.49 . . . The pertinent statute in effect at the time of the employee’s injury in 1996 was section 440.49(7), Florida . . . against the Special Disability Trust Fund, in regard to the above captioned case in accordance with 440.49 . . . In 1997, the legislature amended section 440.49(7) by adding paragraph (c), among other provisions, to . . . it as untimely, because it was filed more than one year after July 1, 1997, as required by section 440.49 . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, v. CITY OF TAMPA,, 783 So. 2d 339 (Fla. Dist. Ct. App. 2001)

. . . (codified at § 440.49(7)(c), Fla. Stat. (1997)). . . . See § 440.49(7)(c), Fla. Stat. (1997); Ch. 97-262, § 31, at 4742, Laws of Fla. . . . rule prescribe definitions that are necessary for the effective administration of this section.” § 440.49 . . .

STAFF LEASING v. SPECIAL DISABILITY TRUST FUND,, 784 So. 2d 512 (Fla. Dist. Ct. App. 2001)

. . . and carrier, appeal a final order of the Judge of Compensation Claims denying, pursuant to section 440.49 . . . In section 440.49, Florida Statutes (1994), the legislature has provided for reimbursement of an employer . . . See § 440.49(1), Fla. Stat. (1994). . . . Under section 440.49(6)(a), to be entitled to reimbursement from the Fund, the employer must show that . . . In section 440.49(6)(a)23, the legislature provided that mental retardation constituted a preexisting . . .

MANATEE MEMORIAL HOSPITAL v. SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA,, 774 So. 2d 876 (Fla. Dist. Ct. App. 2000)

. . . Section 440.49(7), Florida Statutes (Supp.1994) provides in pertinent part: (7) Reimbursement of employer . . . The employer/servicing agent argue that the unambiguous language of section 440.49(7) does not mention . . . The Fund argues that, notwithstanding that the language of section 440.49(7) does not expressly provide . . . Non-claim statutes, such as section 440.49(7), are strictly construed, see, e.g., Special Disability . . . The omission of impairment benefits from section 440.49(7) evidences a legislative intent to exclude . . .

SUNTRUST BANKS v. SPECIAL DISABILITY TRUST FUND,, 772 So. 2d 632 (Fla. Dist. Ct. App. 2000)

. . . ) which denied appellants’ reimbursement from the Special Disability Trust Fund pursuant to section 440.49 . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 795 So. 2d 863 (Fla. 2000)

. . . A claim for reimbursement from the Special Disability Trust Fund filed under section 440.49(7), Florida . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, v. LIL CHAMP FOOD STORES, INC., 765 So. 2d 182 (Fla. Dist. Ct. App. 2000)

. . . Section 440.49(2)©, Florida Statutes (1985), bars an employer from Fund reimbursement unless it is shown . . .

SPECIAL DISABILITY TRUST FUND, v. DADE COUNTY SCHOOL BOARD, 765 So. 2d 157 (Fla. Dist. Ct. App. 2000)

. . . Section 440.49(2)(g), Florida Statutes (1979), required a notice of claim reimbursement to be filed within . . . See § 440.49(7)(a), Fla. Stat. (1997). . . . employer or carrier is otherwise entitled to reimbursement from the Special Disability Trust Fund.” § 440.49 . . . See § 440.49(2)(b)2 b, Fla. Stat. (1979). . See § 440.49(2)(b)2 a, Fla. Stat. (1979). . . .

SPECIAL DISABILITY TRUST FUND, v. NORTHWEST AIRLINES, 738 So. 2d 479 (Fla. Dist. Ct. App. 1999)

. . . .” § 440.49(2)(a), Fla. Stat. (Supp.1990). . . . For purposes of this appeal, the pertinent provision is section 440.49(2)(f)1, Florida Statutes (Supp . . . Division of Workers’ Compensation is obliged to interpret eligibility for reimbursement liberally. § 440.49 . . . See also § 440.49(2)(a), Fla. Stat. (Supp.1990). . . . Though this laminectomy does not fit into one of the listed ‘presumed conditions’ of § 440.49(2)(f)(l . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, v. LOW COST TRANSMISSION AND AMERICAN STATES INSURANCE CO., 725 So. 2d 1218 (Fla. Dist. Ct. App. 1999)

. . . December 23, 1992, and that the claim filed on December 6, 1993, was therefore timely under section 440.49 . . . The JCC relied on the wording of section 440.49(2)(g), which provides that a claim for reimbursement . . . However, we agree with the Fund that our previous interpretations of section 440.49 clearly indicate . . . We explained the reasoning behind our ruling: Section 440.49(2)(g) is a non-claim statute and clearly . . . the later expressed date of MMI was not the operative date for determining timeliness under section 440.49 . . .

SPECIAL DISABILITY TRUST FUND, v. MEYER USA,, 721 So. 2d 421 (Fla. Dist. Ct. App. 1998)

. . . The present proceeding began with the second carrier’s claim against the Fund under section 440.49(2) . . . Smith’s permanent total disability was a result of a merger of the kind contemplated by section 440.49 . . . Statutes (1987), and ordered the Fund to reimburse the second carrier — to the extent permitted by section 440.49 . . . But no statutory basis for such a prohibition exists, and section 440.49(2)(f)3., Florida Statutes (1987 . . . directive that the Division “shall interpret eligibility [for reimbursement] requirements liberally,” § 440.49 . . .

SPECIAL DISABILITY TRUST FUND, v. HUBBARD CONSTRUCTION COMPANY CNA, 701 So. 2d 1209 (Fla. Dist. Ct. App. 1997)

. . . The Special Disability Trust Fund (SDTF) appeals an order requiring it, pursuant to section 440.49(2) . . . knee injury, and that the evidence presented was insufficient to prove “merger” as defined in section 440.49 . . . However, the JCC’s findings regarding “merger” as defined by section 440.49(2)(b)2.b., discussed below . . .

RING POWER CORPORATION v. CAMPBELL,, 697 So. 2d 203 (Fla. Dist. Ct. App. 1997)

. . . . § 440.49(l)(a), Fla. Stat. (1993). . . . jurisdiction to decide whether an injured worker was entitled to training and education and for how long. § 440.49 . . . program it may propose if such program is to be funded out of the fund established by s. 440.50. § 440.49 . . . Section 440.49(l)(d), Florida Statutes (1993), provided: Refusal to accept training and education as . . .

SPECIAL DISABILITY TRUST FUND DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, v. SPACE COAST PLASTERING, 695 So. 2d 1304 (Fla. Dist. Ct. App. 1997)

. . . quotient in the 70-79, “borderline” range) constituted a permanent physical impairment under section 440.49 . . . (b)l., Florida Statutes (1985), and that the requirement of employer knowledge contained in section 440.49 . . . The JCC rejected the Fund’s argument that section 440.49(2)(f)l.v. . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, v. P. B. NEWSPAPER UNITED SELF INSURED,, 697 So. 2d 1226 (Fla. Dist. Ct. App. 1997)

. . . Section 440.49(2), Florida Statutes (1991), authorizes reimbursement of certain benefits to the employer . . . The definition of “permanent physical impairment” in section 440.49(2)(b)(l) is central to this case: . . .

SPECIAL DISABILITY TRUST FUND, STATE OF FLORIDA, v. FLORIDA HOSPITAL, 692 So. 2d 260 (Fla. Dist. Ct. App. 1997)

. . . this appeal brought by the Special Disability Trust Fund (Fund), we have occasion to construe section 440.49 . . . As pertinent to this case, section 440.49 provides: (1) LEGISLATIVE INTENT. . . . The emphasized part of section 440.49(4)(c) refers to “s. 440.49(1)(b)2”, a subsection that does not . . . ); the 1993 “merger” provision was section 440.49(2)(b)2, Florida Statutes (1993). . . . Section 440.49(2)(b)2, Florida Statutes (1993) provided: 2. “Merger” describes or means that: a. . . .

AMERICAN EXPRESS v. SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR EMPLOYMENT SECURITY, STATE OF FLORIDA,, 694 So. 2d 59 (Fla. Dist. Ct. App. 1997)

. . . claim because the E/SA filed its claim more than two years after the MMI date, contrary to section 440.49 . . . we do not believe that it was within the contemplation of the legislature, when it enacted section 440.49 . . . conclusion, we are strongly influenced by case law that interpreted the pre-1987 version of section 440.49 . . . is different in that the former links reimbursement to payment of permanent benefits, while section 440.49 . . . Section 440.49(2)(g) provides as follows: The right to reimbursement as provided in this subsection shall . . .

SPECIAL DISABILITY TRUST FUND DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, v. FLORIDA CRUSHED STONE COMPANY, 689 So. 2d 430 (Fla. Dist. Ct. App. 1997)

. . . The JCC correctly determined that the claim was timely filed under section 440.49(2), Florida Statutes . . .

SPECIAL DISABILITY TRUST FUND, v. A- BLOCK CORP. FEISCO,, 688 So. 2d 968 (Fla. Dist. Ct. App. 1997)

. . . controlling statute pertaining to merger and reimbursement from the Fund for the period at issue is section 440.49 . . . Section 440.49(2)(c)3 provides: 3.Permanent total disability. — If an employee who has a preexisting . . . permanent total disability which is in excess of the first 175 weeks of permanent total disability.... § 440.49 . . . In calculating the excess compensation paid, the JCC recognized that section 440.49(2)(e)3, Florida Statutes . . . The language in section 440.49(2)(c)3, Florida Statutes (1991) is clear and unambiguous. . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, v. ORANGE COUNTY BOARD OF COMMISSIONERS, 687 So. 2d 1368 (Fla. Dist. Ct. App. 1997)

. . . the Fund argues that a cause of action for reimbursement accrues every six months pursuant to section 440.49 . . . In Associated Coca Cola, this court decided that reimbursement requests made pursuant to section 440.49 . . . request accrues at the end of each six-month interval of periodic reimbursement provided for in section 440.49 . . .

LOCKHEED SPACE OPERATIONS v. LANGWORTHY,, 686 So. 2d 665 (Fla. Dist. Ct. App. 1996)

. . . This court held that section 440.49(l)(c)(1979), under which, prior to adjudicating a claimant PTD, the . . . See § 440.49(l)(a), Fla. Stat. (1987). . . . The legislature altered that obligation in the 1989 statutes, see section 440.49(l)(a), Florida Statutes . . .

D. A. NETZEL, INC. v. SPECIAL DISABILITY TRUST FUND,, 681 So. 2d 874 (Fla. Dist. Ct. App. 1996)

. . . establish that claimant’s obesity was a permanent physical impairment within the meaning of section 440.49 . . . Section 440.49(2) clearly requires the employer to prove the following elements before reimbursement . . . Thus, the evidence failed to establish a preexisting permanent impairment, as defined in section 440.49 . . . In 1990, however, section 440.49(2)(f) was amended to add obesity to the list of medical conditions an . . . (6)(a). § 440.49(2)(a), Fla.Stat. . . .

SPECIAL DISABILITY TRUST FUND OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, v. COLLIER ENTERPRISES, 676 So. 2d 45 (Fla. Dist. Ct. App. 1996)

. . . Section 440.49(2)(g), Florida Statutes (1987), states in part: The right to reimbursement as provided . . . Our court’s decisional law has consistently interpreted section 440.49(2)(g) as requiring that once the . . .

SPECIAL DISABILITY TRUST FUND, v. COMCAR INDUSTRIES, COMMERCIAL CARRIER CORP., 675 So. 2d 1019 (Fla. Dist. Ct. App. 1996)

. . . Disability Trust Fund appeals an order directing that it reimburse the employer pursuant to section 440.49 . . . August 13, 1991, Commercial Carrier filed a claim for reimbursement from the Fund pursuant to section 440.49 . . . Claimant suffered a preexisting, permanent physical impairment, “not due to the natural aging process,” § 440.49 . . .

DEEP SOUTH PRODUCTS v. SPECIAL DISABILITY TRUST FUND,, 675 So. 2d 191 (Fla. Dist. Ct. App. 1996)

. . . Benson, the extended filing period in section 440.49(2)(g), Florida Statutes (1987), applies to the employer . . . The shorter filing period in section 440.49(2)(g), Florida Statutes (1985), which was in effect on the . . . not pertain in this case except as it confirms the viability of the reimbursement claim when section 440.49 . . . Benson is not undermined by the later enactment of section 440.49(12), Florida Statutes (Supp.1994), . . . We do not construe section 440.49(12), Florida Statutes (Supp.1994), as addressing the filing period . . .

In AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 674 So. 2d 631 (Fla. 1996)

. . . A claim for reimbursement from the Special Disability Trust Fund filed under section 440.49(7), Florida . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, v. EXECUTONE OF CENTRAL FLORIDA, 670 So. 2d 143 (Fla. Dist. Ct. App. 1996)

. . . Section 440.49(2)(g), Florida Statutes (1987), provides in part: The right to reimbursement as provided . . . Section 440.49(2)(g) is a non-claim statute and clearly bars any right to reimbursement unless the claim . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, v. CURRENT BUILDERS, HEWITT COLEMAN ASSOCIATES, 668 So. 2d 699 (Fla. Dist. Ct. App. 1996)

. . . See § 440.49(2)(a), Fla.Stat. (1981) (“this subsection shall not be construed to create or provide any . . . The Fund was designed to reimburse employer/carriers who meet the requirements of section 440.49. . . . See § 440.49(2)(g), Fla.Stat. (1981) (the Fund shall not be joined or made a party to any controversy . . .

ROBERSON, v. WINN DIXIE STORES, INC., 669 So. 2d 294 (Fla. Dist. Ct. App. 1996)

. . . such period as the employee may be receiving training and education under a program pursuant to s. 440.49 . . . is no dispute that the claimant is “receiving training and education under a program pursuant to s. 440.49 . . . 440.15(2)(e) to provide that one who enrolls in vocational rehabilitation training pursuant to section 440.49 . . .

HERTZ RENT- A- CAR v. SOSA,, 670 So. 2d 73 (Fla. Dist. Ct. App. 1996)

. . . temporary total disability (TTD) benefits during a period of training and education pursuant to section 440.49 . . . ), as prohibiting settlement of TTD benefits during periods of training and education under section 440.49 . . . Until 1989, when chapter 440 was extensively amended, section 440.49(l)(a), Florida Statutes, entitled . . . Section 440.49(l)(e) provided (in pertinent part): ... . . . The above-quoted pre-amendment language in section 440.49(l)(e) was stricken and section 440.49(l)(d) . . . 29, 1994, order awarding TTD benefits during a period of training and education pursuant to section 440.49 . . .

T. LOWRY, v. BOB EVANS FARMS, INC., 666 So. 2d 977 (Fla. Dist. Ct. App. 1996)

. . . Carrier’s argument on appeal, is “fundamentally at odds” with the concept of “rehabilitation” in section 440.49 . . . “specialized job placement” rather than on “suitable gainful employment” contemplated by subsection 440.49 . . . See § 440.49(l)(d). . . . compensable injuries precluded her from “earning wages equal to wages earned prior to the injury,” subsection 440.49 . . . Subsection 440.49(l)(e), Florida Statutes (1987), provides that the claimant shall receive "temporary . . .

RUCH, v. IDEAL CLEANERS LAUNDRY, 653 So. 2d 509 (Fla. Dist. Ct. App. 1995)

. . . Rueh from applying for and receiving rehabilitation and retraining under section 440.49, Florida Statutes . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR EMPLOYMENT SECURITY, v. WESTWIND TRANSPORTATION, 648 So. 2d 830 (Fla. Dist. Ct. App. 1995)

. . . Section 440.49(2)(g), Florida Statutes (1981), provides, in pertinent part: The right to reimbursement . . . “Excess permanent compensation” is then defined in 440.49(2)(b)3 as “that compensation for permanent . . . The claim should not have been revived “as the clear intent and effect of section 440.49(2)(g) is that . . .

Jo JENKINS, v. ACE BEAUTY COMPANY, 636 So. 2d 801 (Fla. Dist. Ct. App. 1994)

. . . Section 440.49(1), Florida Statutes (1991), which requires that “[t]he division shall be a party to all . . . Under section 440.49(l)(d), Florida Statutes (1991), implementation of the plan would have rendered her . . . Section 440.49(l)(d), Florida Statutes (1991), provides: (d) When it appears that training and education . . .

FAIRCHILD AIRCRAFT v. G. RAYBON,, 634 So. 2d 801 (Fla. Dist. Ct. App. 1994)

. . . As amended, section 440.49(l)(c) provides: Prior to entering an order adjudicating an injured employee . . . The E/C argues that under the amended version of section 440.49(l)(c), if the JCC finds that a period . . . Grace, has squarely held that the absence of findings by the JCC under section 440.49(l)(c), Florida . . . We do not agree that a two-stage hearing process is mandated by section 440.49(l)(c). . . . Grace, the same does not hold true for all of section 440.49. . . .

SPECIAL DISABILITY TRUST FUND, v. JACK ECKERD CORPORATION,, 627 So. 2d 1277 (Fla. Dist. Ct. App. 1993)

. . . employment; and (2) personality traits could not constitute a “permanent physical impairment” under section 440.49 . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR EMPLOYMENT SECURITY, STATE OF FLORIDA, v. F. BENSON COMPANY, 626 So. 2d 1078 (Fla. Dist. Ct. App. 1993)

. . . The Fund asserts that E/C did not timely file their notice of claim for reimbursement based on § 440.49 . . . Section 440.49(2)(g), Florida Statutes (1987), provides in part: (g) Reimbursement of employer. — The . . . Section 440.49(2)(a), Florida Statutes, mandates that eligibility requirements be interpreted liberally . . .

ADAMS, v. PRESTRESSED SYSTEMS INDUSTRIES, 625 So. 2d 895 (Fla. Dist. Ct. App. 1993)

. . . "Merger,” under Section 440.49(2)(b)(2), Florida Statutes (1989), means that the subsequent accident . . .

SMITH, v. U. S. SUGAR CORPORATION, 624 So. 2d 315 (Fla. Dist. Ct. App. 1993)

. . . claimant could be rehabilitated to suitable gainful employment, in accordance with the dictates of Section 440.49 . . .

FAWAZ, v. FLORIDA POLYMERS, 622 So. 2d 492 (Fla. Dist. Ct. App. 1993)

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

BREAKERS HOTEL v. SPECIAL DISABILITY TRUST FUND,, 620 So. 2d 1132 (Fla. Dist. Ct. App. 1993)

. . . appeal a workers’ compensation order requiring the Special Disability Trust Fund, pursuant to section 440.49 . . . Special Disability Trust Fund, 615 So.2d 859 (Fla. 1st DCA 1993); § 440.49, Fla.Stat. (1987). . . .

PHILLIPS, v. POOLS BY ANDREW, 620 So. 2d 261 (Fla. Dist. Ct. App. 1993)

. . . In light of our holding, it is unnecessary for us to address the application of section 440.49(l)(a), . . .

FLORIDA EMPLOYERS INSURANCE SERVICE CORPORATION, v. SPECIAL DISABILITY TRUST FUND, DIVISION OF WORKERS COMPENSATION, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,, 615 So. 2d 859 (Fla. Dist. Ct. App. 1993)

. . . Petitioner is in doubt as to whether the provisions of Section 440.49(2)(f)2, Florida Statutes prohibit . . . STATE OF FLORIDA, to issue its Declaratory Statement regarding the following question: Under Chapter 440.49 . . . physical impairment to cause a greater disability than would have resulted from the injury alone. § 440.49 . . . See § 440.49(2)(c)2, Fla.Stat. (1991). . . . .

ZUNDELL, v. DADE COUNTY SCHOOL BOARD, 609 So. 2d 1367 (Fla. Dist. Ct. App. 1992)

. . . . § 440.49(2), Fla.Stat. (1987). . As the supreme court observed in Tintera v. . . .

HYATT HOTEL v. LALU,, 605 So. 2d 965 (Fla. Dist. Ct. App. 1992)

. . . Section 440.49(l)(a), Fla.Stat., (1989), places the burden of providing rehabilitation benefits on the . . . Section 440.49(l)(a), Florida Statutes (1989), states in pertinent part: When an employee has suffered . . . [emphasis added] Section 440.49(l)(a), Florida Statutes (1989), became effective on October 1, 1989. . . .

AMENDMENTS TO FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 603 So. 2d 425 (Fla. 1992)

. . . Statutes, and petitions for reimbursement from the Special Disability Trust Fund pursuant to Ssection 440.49 . . .

CHURCH S FRIED CHICKEN v. MALONEY,, 599 So. 2d 706 (Fla. Dist. Ct. App. 1992)

. . . the award of wage loss benefits is not an additional award of rehabilitation benefits under section 440.49 . . . circumstances,” and claimant was awarded the maximum rehabilitation benefits allowable under section 440.49 . . .

JAKE S RESTAURANT v. SPECIAL DISABILITY TRUST FUND,, 596 So. 2d 498 (Fla. Dist. Ct. App. 1992)

. . . payment of excess permanent compensation (in the form of wage loss benefits), is barred by section 440.49 . . .

HILLSBOROUGH COUNTY SCHOOL BOARD v. SPECIAL DISABILITY TRUST FUND,, 596 So. 2d 483 (Fla. Dist. Ct. App. 1992)

. . . question as one of great public importance: Is the Special Disability Trust Fund, pursuant to section 440.49 . . .

SPECIAL DISABILITY TRUST FUND, v. STEPHENS, LYNN, CHERNAY KLEIN, SPECIAL DISABILITY TRUST FUND, v. CENTRAL STATES DIVERSIFIED, INC., 595 So. 2d 206 (Fla. Dist. Ct. App. 1992)

. . . /carriers made a claim for reimbursement from the Special Disability Trust Fund pursuant to section 440.49 . . . the employer/carriers’ entitlement to reimbursement for permanent total benefits pursuant to section 440.49 . . . Section 440.49(2), Florida Statutes (1983), provides in pertinent part: (2) LIMITATION OF LIABILITY FOR . . . The decision recognized that “simply because the legislature amended section 440.49(1) to require the . . . Section 440.49(2)(c)3 provides that the employer of an employee who has a preexisting permanent physical . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, v. FLORIDA POWER CORPORATION,, 593 So. 2d 1178 (Fla. Dist. Ct. App. 1992)

. . . E/SI had satisfied the requirements of proving the existence of medical merger pursuant to Section 440.49 . . . Section 440.49(2)(b), Fla.Stat., states in pertinent part: 2. “Merger” describes or means that: b. . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR EMPLOYMENT SECURITY, STATE OF FLORIDA, v. CHAMPION INTERNATIONAL, 584 So. 2d 619 (Fla. Dist. Ct. App. 1991)

. . . Section 440.49(2)(g) provides in relevant part: The right to reimbursement as provided in this subsection . . . In turn, section 440.49(2)(b)3. defines “excess permanent compensation” as that compensation for permanent . . . Fund argued the claim was barred except for PTD benefits in excess of 175 weeks pursuant to section 440.49 . . . The JCC entered his order finding that section 440.49(2)(g) did not bar the claim for reimbursement. . . . Since “excess permanent compensation” is defined in section 440.49 as the compensation for PTD and other . . .

KILPATRICK, v. CITY OF MIAMI,, 583 So. 2d 1044 (Fla. Dist. Ct. App. 1991)

. . . Co., 414 So.2d 245 (Fla. 3d DCA 1982), aff'd, 441 So.2d 1070 (Fla.1983); §§ 440.39(3)(a), 440.49, Fla.Stat . . .

SPOTMASTER CLEANERS v. SPECIAL DISABILITY TRUST FUND,, 580 So. 2d 263 (Fla. Dist. Ct. App. 1991)

. . . The E/C sought reimbursement from the Fund pursuant to section 440.49(2)(b)3., Florida Statutes (1989 . . . It is not an enumerated situation under Section 440.49(2)(c), (d) and (e) where Fund reimbursement is . . . Section 440.49(2)(a). . . . The Fund argues that the wording in section 440.49(2)(c)3., “the employer shall, in the first instance . . . Finally, the Fund argues that section 440.49(2)(c), (d), and (e), Florida Statutes, specifically states . . . The legislature expressed its intent in section 440.49(2)(a) that the disability trust fund protect employers . . .

BROSNAN, v. SOURBECK ROOFING, INC., 578 So. 2d 460 (Fla. Dist. Ct. App. 1991)

. . . prescribed curriculum, the judge concluded that the two-year program was suitable, but under section 440.49 . . . The statute applicable in this case is section 440.49(1), Florida Statutes (1983), which provides in . . . Petersburg Junior College constituted the “rehabilitation services” contemplated by section 440.49, Florida . . . opportunity to restore the individual ... to his average weekly earnings at the time of injury.” § 440.49 . . . of employer/carrier fall within the purview of the rehabilitation services contemplated by section 440.49 . . .

STRAWTER, v. ATLAS STEEL FENCE, INC. CLAIMS CENTER,, 578 So. 2d 455 (Fla. Dist. Ct. App. 1991)

. . . JCC erroneously granted the E/C’s motion, we do not decide whether an amended provision of Section 440.49 . . . proof that Strawter’s injury is preventing him from earning pre-injury wages, as is required by Section 440.49 . . . placement service is not equivalent to nor subsumed under the concept of rehabilitation pursuant to section 440.49 . . . Section 440.49(l)(a), Florida Statutes (1987), begins by providing, "[w]hen an employee has suffered . . .

ABC LIQUORS, INC. v. CREED,, 573 So. 2d 35 (Fla. Dist. Ct. App. 1990)

. . . for an undisputed compensable condition, they might be deemed to have been “furnished” under section 440.49 . . . entitled to conclude that employer/carrier had not “furnished” such care within the meaning of section 440.49 . . .

HILLSBOROUGH COUNTY SCHOOL BOARD, v. BROWN,, 573 So. 2d 871 (Fla. Dist. Ct. App. 1990)

. . . See § 440.49(1)(a), Fla.Stat. (1987); A.D. Builders, Inc. v. . . .

ARDMORE FARMS v. WALLACE,, 571 So. 2d 47 (Fla. Dist. Ct. App. 1990)

. . . carrier’s argument that they should not be responsible for claimant’s rehabilitation since section 440.49 . . . The enactment which was effective on the date of claimant’s injury, section 440.49, Florida Statutes . . .

GENERAL TIRE SERVICE v. SPECIAL DISABILITY TRUST FUND,, 569 So. 2d 481 (Fla. Dist. Ct. App. 1990)

. . . F.S. 440.49(2)(e). . . . Subsection 440.49(2)(c)l authorizes reimbursement, subject to the limitations in 440.49(2)(f), for 60 . . . Subsection 440.49(2)(e), referred to in subsection 440.49(2)(e)3, defines the right to reimbursement . . . See § 440.49(2)(f)l.v. . . . This finding satisfies the criteria in subsection 440.49(2)(b)2.b. . . . .

GULF LIFE INSURANCE v. MULLALY,, 566 So. 2d 873 (Fla. Dist. Ct. App. 1990)

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

CRUISE QUALITY PAINTING v. PAIGE,, 564 So. 2d 1190 (Fla. Dist. Ct. App. 1990)

. . . [T]he apportionment provision of Section 440.15(5)(c) and the reimbursement provision of Section 440.49 . . .

U. S. FOUNDRY MANUFACTURING COMPANY v. SERPA,, 564 So. 2d 559 (Fla. Dist. Ct. App. 1990)

. . . Section 440.49(l)(a), Fla.Stat., in pertinent part, requires employers or carriers to provide rehabilitation . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, v. FLORIDA POWER CORPORATION GAB, 558 So. 2d 130 (Fla. Dist. Ct. App. 1990)

. . . ’ order finding employer/carrier entitled to reimbursement from the Fund in accordance with Section 440.49 . . . Section 440.49(2)(g) (1981) provides that an employer/carrier’s right to reimbursement from the Fund . . . So.2d 392 (Fla.1975): The clear intent, and effect [of the 60-day limitation in the pre-1987 Section 440.49 . . .

FARM STORES, INC. v. R. FLETCHER,, 556 So. 2d 791 (Fla. Dist. Ct. App. 1990)

. . . will be entitled to vocational assistance only if she is able to satisfy the requirements of Section 440.49 . . .

ROBINSON, v. VOLUSIA COUNTY COUNCIL ON AGING,, 568 So. 2d 55 (Fla. Dist. Ct. App. 1990)

. . . Section 440.49(1), Florida Statutes (1987) includes the following: the employee shall be entitled to . . . rehabilitation was not authorized and that the procedures for obtaining rehabilitation set up by Section 440.49 . . . When an e/c refuse or ignore a request for rehabilitation, claimant’s recourse is in Section 440.49(1 . . .

FAULK, v. ROADWAY EXPRESS, INC., 554 So. 2d 649 (Fla. Dist. Ct. App. 1989)

. . . for payment of capital expenditures designed to establish claimant in his own business.... ” Section 440.49 . . . However, it has also been emphasized that the legislative intent expressed in section 440.49(1) is to . . . Section 440.49(1)(a) directly addresses these concerns, providing in certain circumstances for evaluation . . . The rule is in accord with the recognized intent of section 440.49(1) for the provision of counseling . . . the establishment of a business enterprise is not an authorized rehabilitation benefit under section 440.49 . . .

MARVIN, v. REWIS ROOFING F. R. S. A., 553 So. 2d 314 (Fla. Dist. Ct. App. 1989)

. . . Citing Section 440.49(2)(c), Florida Statutes (1985), providing that a JCC cannot find an employee PTD . . .

GRACE, v. COLLIER COUNTY SCHOOL BOARD, 552 So. 2d 961 (Fla. Dist. Ct. App. 1989)

. . . Section 440.49(l)(a), Florida Statutes (1987), places the duty upon the employer/carrier to provide prompt . . .

KASH N KARRY v. WALLACE,, 553 So. 2d 222 (Fla. Dist. Ct. App. 1989)

. . . .-20(13)(d), Florida Statutes (1987) or rehabilitation benefits under Section 440.49. . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR EMPLOYMENT SECURITY, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH CO., 551 So. 2d 575 (Fla. Dist. Ct. App. 1989)

. . . barred by reason of the employer’s failure to timely file the requisite notice of claim under Section 440.49 . . . Prior to the 1987 amendment of Section 440.49(2)(g), that Section provided that the employer/carrier’ . . .

FLOWERS BAKING COMPANY v. SPECIAL DISABILITY TRUST FUND,, 550 So. 2d 135 (Fla. Dist. Ct. App. 1989)

. . . Section 440.49(2)(b)2.b. provides: Merger describes or means that: The permanent disability, permanent . . .

PRESTRESSED DECKING CORP. v. MEDRANO,, 556 So. 2d 406 (Fla. Dist. Ct. App. 1989)

. . . Considering that under Section 440.49(l)(c), Florida Statutes, a deputy is required to determine whether . . .

SPECIAL DISABILITY TRUST FUND, v. SUPER FOOD SERVICES Co., 544 So. 2d 291 (Fla. Dist. Ct. App. 1989)

. . . the employer/carrier did not file their claim for reimbursement within 60 days as required by section 440.49 . . .

THE FLORIDA BAR. In Re WORKERS COMPENSATION RULES OF PROCEDURE, 535 So. 2d 243 (Fla. 1988)

. . . Statutes, and petitions for reimbursement from the Special Disability Trust Fund pursuant to Section 440.49 . . .

A. D. BUILDERS, INC. v. JOHNSTON,, 528 So. 2d 1225 (Fla. Dist. Ct. App. 1988)

. . . Section 440.49(l)(a), Florida Statutes (1986) states as follows: When an employee has suffered an injury . . .

SOUTHLAND CORPORATION v. SPECIAL DISABILITY TRUST FUND,, 526 So. 2d 1039 (Fla. Dist. Ct. App. 1988)

. . . Under section 440.49(2)(d), Florida Statutes (1980), the E/C was reimbursed by the Special Disability . . . Finding that funeral expenses were not “compensation paid for ... death” under section 440.49(2)(e) and . . . Section 440.49(2)(e), Florida Statutes (1980) states that the E/C shall be reimbursed by the Fund for . . . Section 440.49(2)(d) states that if the E/C are statutorily required to pay funeral expenses and death . . . However, the E/C fail to consider that section 440.49(2)(d) distinguishes between funeral expenses and . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR EMPLOYMENT SECURITY, v. PANTRY PRIDE, 517 So. 2d 84 (Fla. Dist. Ct. App. 1987)

. . . The deputy ordered the Fund to reimburse the E/SA under section 440.49(2) for benefits paid subsequent . . . Section 440.49(2) provides for reimbursement to an employer/carrier by the Special Disability Trust Fund . . . Merger is defined under section 440.49(2)(b)2.b. to mean: “The permanent disability, permanent impairment . . . The employer/carrier bears the burden of establishing entitlement to reimbursement under section 440.49 . . . Thus, there was no merger under section 440.49(2)(b)2.b. . . .

NEW WALES CHEMICALS, INC. v. W. PARKS,, 518 So. 2d 360 (Fla. Dist. Ct. App. 1987)

. . . The only significant issue raised on appeal is whether section 440.49(l)(a), Florida Statutes (1985), . . . statutorily expressed goal of rehabilitation — to return the individual to ‘suitable gainful employment.’ § 440.49 . . . Such a result is not consistent with the purpose of section 440.49. . . . We hold, therefore, that section 440.49(l)(a) requires employers and carriers to provide rehabilitation . . .

J. GRIMES, v. LEON COUNTY SCHOOL BOARD, 518 So. 2d 327 (Fla. Dist. Ct. App. 1987)

. . . the Special Disability Trust Fund upon compliance with the statutory requisites provided in section 440.49 . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR EMPLOYMENT SECURITY, STATE OF FLORIDA, v. VAN PELT BROTHERS DAIRY, 513 So. 2d 1344 (Fla. Dist. Ct. App. 1987)

. . . Consequently, the employer was entitled to the conclusive presumption in section 440.49(2)(f)l, Florida . . .

SPECIAL DISABILITY TRUST FUND, v. MARTIN MARIETTA CORPORATION, 512 So. 2d 1036 (Fla. Dist. Ct. App. 1987)

. . . deputy commissioner (deputy) directing it to reimburse the employer/carrier (e/c) pursuant to Section 440.49 . . . It contends that section 440.49(2), requires a finding that the claimant had a preexisting permanent . . . substantial evidence which establishes a preexisting permanent physical impairment, as required by section 440.49 . . . Finding nothing in section 440.49(2)(a) requiring that a permanent impairment rating be given an employee . . . Laws of Florida (1955), creating Section 440.15(5)(d)l, Florida Statutes (1955) (currently Section 440.49 . . .

UNIWELD PRODUCTS, INC. CNA v. LOPEZ, 511 So. 2d 758 (Fla. Dist. Ct. App. 1987)

. . . necessary, and has completed training or rehabilitation under a rehabilitative program pursuant to section 440.49 . . . in the use of an artificial member or device, and/or a rehabilitation program set up under section 440.49 . . .

ARMELLINI EXPRESS LINES, INC. v. SPECIAL DISABILITY TRUST FUND,, 512 So. 2d 253 (Fla. Dist. Ct. App. 1987)

. . . As to the kind of merger defined in section 440.49(2)(b)2.a., commonly known as “but for” merger, the . . . “accident” in section 440.02(1), Florida Statutes, does not apply to the use of the term in section 440.49 . . . question of whether the deputy erred in finding no merger under the second alternative definition, section 440.49 . . .

ASSOCIATED COCA COLA v. SPECIAL DISABILITY TRUST FUND,, 508 So. 2d 1305 (Fla. Dist. Ct. App. 1987)

. . . appeal is whether proceedings to contest denial of reimbursement requests made pursuant to section 440.49 . . . that the only time limitation pertaining to reimbursement from the Fund is the limitation in section 440.49 . . . notice of claim must be filed within one of the 60-day periods specifically provided for in section 440.49 . . . Section 440.49(2)(g) places no time limitation on the filing of reimbursement requests. . . . Second, the e/c’s accrual theory ignores the fact that section 440.49(2)(g) requires the Fund to reimburse . . .

ESCAMBIA COUNTY COUNCIL ON AGING Co. v. A. GOLDSMITH, 500 So. 2d 626 (Fla. Dist. Ct. App. 1986)

. . . The term “merger” is defined in subsection 440.49(2)(b)2 b to mean: The permanent disability, permanent . . . Subsection 440.49(2)(b)3 similarly provides: “Excess permanent compensation” means that compensation . . . Subsection 440.49(2)(c)l provides that in the event an employee with a preexisting permanent physical . . . Subsection 440.49(2)(c)2 makes similar provision for reimbursement of “wage loss benefits” paid pursuant . . . Subsection 440.49(2)(c)3 states: If any employee who has a preexisting permanent physical impairment . . .