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SPEC. DISABILITY TRUST v. CITY OF HIALEAH

No. QQ-245.

388 So.2d 1372 (1980)

SPECIAL DISABILITY TRUST FUND of the State of Florida, Department of Labor and Employment Security, Appellant, v. CITY OF HIALEAH and Westchester Fire Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

October 17, 1980.

Attorney(s) appearing for the Case

Judith Curtin Fendrich, Tallahassee, for appellant.

John F. McMath of Wicker, Smith, Blomqvist, Davant, McMath, Tutan & O'Hara, Miami, for appellees.

McCORD, Judge.

Appellant, Special Disability Trust Fund of the State of Florida, appeals from a workers' compensation ruling that the Special Disability Trust Fund is liable pursuant to § 440.49, Florida Statutes, for reimbursement to the employer/carrier, appellee, for a claimant's injuries. The evidence is inadequate to establish that the employer had reached an informed conclusion prior to the occurrence of the subsequent injury that claimant's pre-existing...

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