Special Disability Trust Fund v. Martin Marietta Corp.

ERVIN, Judge.

The Special Disability Trust Fund (Fund) appeals an order of the deputy commissioner (deputy) directing it to reimburse the employer/carrier (e/c) pursuant to Section 440.49(2), Florida Statutes (1983), for benefits paid to the claimant since May 7, 1984.

It contends that section 440.49(2), requires a finding that the claimant had a preexisting permanent physical impairment *1037as a prerequisite for the e/c to receive reimbursement from the Fund. Relying on the definition of permanent impairment found in Section 440.02(16), Florida Statutes, the Fund contends that a permanent physical…