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SPECIAL DISABILITY TRUST FUND v. FLORIDA POWER CORP.

No. 91-00301.

593 So.2d 1178 (1992)

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, Appellant, v. FLORIDA POWER CORPORATION, Appellee.

District Court of Appeal of Florida, First District.

February 14, 1992.

Attorney(s) appearing for the Case

Sarah M. Stokes, Tallahassee, for appellant.

Richard S. Thompson of Zimmerman, Shuffield, Kiser & Sutcliffe, P.A., Orlando, for appellee.

BOOTH, Judge.

This cause is before us on appeal from an order awarding reimbursement of compensation benefits from the Special Disability Trust Fund (the Fund). Appellant contends, inter alia, that the evidence fails to establish "merger" under Section 440.49(2)(b)2.b., Florida Statutes, and that appellee, therefore, did not pay "excess compensation" for which reimbursement is required.

In 1983, claimant Ned Dye, Jr., sustained a low-back injury and returned...

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