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

American Express and Constitution State Servicing Company, the employer and its insurance servicing agent (collectively, the E/SA), appeal a final workers’ compensation order denying a claim for reimbursement from the Special Disability Trust Fund for permanent total disability (PTD) benefits paid to an injured employee. The judge of compensation claims (JCC) found that the injured employee reached maximum medical improvement (MMI) on September 5, 1990, and denied the claim because the E/SA filed its claim more than two years after the MMI date, contrary to section 440.49(2)(g), Florida…