D.A. Netzel, Inc. v. Special Disability Trust Fund

The employer D.A. Netzel, Inc., and its insurance carrier Claims Capabilities, Inc. (collectively the E/C), appeal from a final workers’ compensation order denying their claim for reimbursement from appellee, the Special Disability Trust Fund, for compensation benefits paid to claimant Mark Kirkpatrick. We affirm the order, because the E/C failed to establish that claimant’s obesity was a permanent physical impairment within the meaning of section 440.49, Florida Statutes (Supp.1990).

Section 440.49(2) clearly requires the employer to prove the following elements before reimbursement from the…