Special Disability Trust Fund v. Comcar Industries

In this workers’ compensation case, the Special Disability Trust Fund appeals an order directing that it reimburse the employer pursuant to section 440.49, Florida Statutes (1993), for excess compensation benefits paid to the employee. We reverse for lack of competent, substantial evidence supporting the judge’s finding that the employer has paid any permanent indemnity benefits.

In May 1988, Buford Cook, the Claimant, injured his right shoulder and upper thorax in a motor vehicle accident in the scope of his employment with Comcar Industries. At the time of his injury, Claimant suffered from…