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POLK CTY. BOCC v. SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY

No. 1D00-2527.

791 So.2d 581 (2001)

POLK COUNTY BOCC and Commercial Risk Management, Appellants, v. SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, First District.

August 10, 2001.

Attorney(s) appearing for the Case

Nancy L. Cavey, St. Petersburg; Susan W. Fox and Brendan M. Lee of Macfarlane Ferguson & McMullen, Tampa, for Appellants.

Marian Alves and Lorraine M. Novak, Counsel, Special Disability Trust Fund, Tallahassee, for Appellee.

ERVIN, J.

Polk County BOCC and Commercial Risk Management (employer/carrier) appeal the denial of their application for reimbursement from the Special Disability Trust Fund (Fund). They argue that the judge of compensation claims (JCC) erred in ruling that because the employer had failed to file a proof of claim within one year after July 1, 1997, as required by section 440.49(7)(c), Florida Statutes (1997), the claim for reimbursement was statutorily barred. We affirm...

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