Special Disability Trust Fund v. Miami Airport Hilton/Hilton Hotels Corp.

In this workers’ compensation appeal, the Special Disability Trust Fund (Fund) challenges the judge of compensation claims’ (JCC’s) finding that reimbursement of the employer/carrier’s (E/C’s) 2001 reimbursement request was not barred by the statute of limitations. We agree the JCC misapplied prior case law and thus reverse the awarded reimbursement.

The facts are not in dispute. The E/C timely filed a notice of claim, the first step in the reimbursement process. See § 440.49(2)(g), Fla. Stat. (Supp.1990). The Fund notified the E/C that the claim was appropriate for reimbursement in December…