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

BOOTH, Judge.

This cause is before us on appeal from an order awarding reimbursement of compensation benefits from the Special Disability Trust Fund (the Fund). Appellant contends, inter alia, that the evidence fails to establish “merger” under Section 440.-49(2)(b)2.b., Florida Statutes, and that ap-pellee, therefore, did not pay “excess compensation” for which reimbursement is required.

In 1983, claimant Ned Dye, Jr., sustained a low-back injury and returned to work after conservative medical treatment. On May 27, 1986, claimant suffered a second compensable back injury. Thereafter, ap-pellee…