Deep South Products v. Special Disability Trust Fund

The employer/earrier appeal a workers’ compensation order by which a claim for reimbursement from the Special Disability Trust Fund was denied as untimely. We conclude that the claim was timely filed in accordance with Special Disability Trust v. F. Benson & Co., 626 So.2d 1078 (Fla. 1st DCA 1993).

As established in F. Benson, the extended filing period in section 440.49(2)(g), Florida Statutes (1987), applies to the employer/carrier’s reimbursement claim insofar as the claim remained viable when this statutory enactment became effective. The shorter filing period in section 440.49(2)(g),…