Special Disability Trust Fund v. Jack Eckerd Corp.

In this workers’ compensation case, the Judge of Compensation Claims (JCC) granted the employer/carrier’s (e/c’s) claim for reimbursement from the Special Disability Trust Fund (the Fund). On appeal, the Fund argues that it was error to award reimbursement where: (1) competent substantial evidence did not support a finding that the employer had the requisite knowledge, prior to the industrial accident, that its employee had a permanent preexisting physical condition that would likely be a hindrance to employment; and (2) personality traits could not constitute a “permanent physical…