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POLK COUNTY BOARD OF COUNTY COMMISSIONERS v. SPECIAL DISABILITY TRUST FUND

No. 1D99-1530.

753 So.2d 769 (2000)

POLK COUNTY BOARD OF COUNTY COMMISSIONERS and COMMERCIAL RISK MANAGEMENT, Appellants, v. SPECIAL DISABILITY TRUST FUND, Appellee.

District Court of Appeal of Florida, First District.

March 23, 2000.

Attorney(s) appearing for the Case

Nancy L. Cavey, St. Petersburg, for Appellant.

Erin Lydia McLaughlin, Tallahassee, for Appellee.

PER CURIAM.

The Employer/Carrier's failure to timely appeal the Special Disability Trust Fund's denial of reimbursement based on filing too early does not result in a bar to a subsequent claim for reimbursement once excess compensation has been paid. See Special Disability Trust Fund v. Geophysical Services, Inc., 414 So.2d 644, 644 (Fla. 1st DCA 1982). This is true even here, where, in addition to dismissing the claim for...

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