Special Disability Trust Fund v. Aetna Casualty & Surety Co.

MILLS, Chief Judge.

The Special Disability Trust Fund (Fund) appeals from a determination that the sixty-day period during which the employer/carrier (E/C) was required to file an application for hearing from the denial of a claim for reimbursement did not run because the Fund engaged in positive action upon which the E/C reasonably relied in not seeking a hearing within the time required. We reverse.

Section 440.49(2)(g), Florida Statutes, provides, in pertinent part:

If the Special Disability Trust Fund through its representative denies or controverts the claim, the right to such reimbursement…