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SPECIAL DISABILITY TRUST v. F. BENSON & CO.

No. 92-3262.

626 So.2d 1078 (1993)

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR & EMPLOYMENT SECURITY, STATE OF FLORIDA, Appellant, v. F. BENSON & COMPANY and Feisco, Appellees.

District Court of Appeal of Florida, First District.

November 17, 1993.

Attorney(s) appearing for the Case

John E. Terrel, Sp. Disability Trust Fund, Tallahassee, for appellant.

Raymond A. Lopez of Rissman, Weisberg, Barrett & Hurt, Orlando, for appellees and amici curiae Reimbursement Consultants, Inc.

KAHN, Judge.

Appellant Special Disability Trust Fund (the Fund) challenges a workers' compensation order finding the employer/carrier (E/C) entitled to reimbursement from the Fund. The Fund asserts that E/C did not timely file their notice of claim for reimbursement based on § 440.49(2)(g), Florida Statutes (1985), which provides:

The right to reimbursement ... shall be barred unless written notice of claim of the right to such reimbursement is filed...

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