SPEC. DISABILITY TRUST FUND v. COMCAR INDUST.

No. 94-3483.

675 So.2d 1019 (1996)

SPECIAL DISABILITY TRUST FUND, Department of Labor and Employment Security, State of Florida, Appellant, v. COMCAR INDUSTRIES, COMMERCIAL CARRIER CORP., Appellees.

District Court of Appeal of Florida, First District.

June 25, 1996.


Attorney(s) appearing for the Case

John E. Terrel, Special Disability Trust Fund, Tallahassee, for Appellant.

Thomas W. Sculco of Zimmerman, Shuffield, Kiser & Sutcliffe, P.A., Orlando, for Appellees.


PER CURIAM.

In this workers' compensation case, the Special Disability Trust Fund appeals an order directing that it reimburse the employer pursuant to section 440.49, Florida Statutes (1993), for excess compensation benefits paid to the employee. We reverse for lack of competent, substantial evidence supporting the judge's finding that the employer has paid any permanent indemnity benefits.

In May 1988, Buford Cook, the Claimant, injured his right shoulder...

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