Special Disability Trust Fund v. City of Hialeah

McCORD, Judge.

Appellant, Special Disability Trust Fund of the State of Florida, appeals from a workers’ compensation ruling that the Special Disability Trust Fund is liable pursuant to § 440.49, Florida Statutes, for reimbursement to the employer/carrier, appellee, for a claimant’s injuries. The evidence is inadequate to establish that the employer had reached an informed conclusion prior to the occurrence of the subsequent injury that claimant’s pre-existing physical condition was permanent and was, or was likely to be, a hindrance or obstacle to employment, as required by § 440.49(4)(f)l…