Jake's Restaurant v. Special Disability Trust Fund

The employer/carrier’s claim against the Special Disability Trust Fund, filed some 15 months after the first payment of excess permanent compensation (in the form of wage loss benefits), is barred by section 440.49(2)(g), Florida Statutes (1985). The 60-day clock provided by the statute was not restarted by the claimant’s return to physician’s care after being once released and determined at maximum medical improvement (MMI) and then being released again with a new MMI date. Special Disability Trust Fund v. Florida Power Corporation, 558 So.2d 130 (Fla. 1st DCA 1990). Further, it is apparent…