Special Disability Trust Fund v. Rescare Home Health, Inc./Liberty Mutual Group

This is a timely appeal from an order of the Judge of Compensation Claims (JCC) determining the employer/carrier (e/c) is entitled to reimbursement from the Special Disability Trust Fund (Fund). The Fund raises two issues on appeal: 1) whether the JCC erred when she did not apply the four-year statute of limitations contained in section 95.11(3), Florida Statutes, to ap-pellees’ claim for reimbursement pursuant to section 440.49, Florida Statutes; and 2) whether the JCC erred in finding that the Fund had waived the applicable statute of limitations. We affirm.

The following facts are pertinent…