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CITY OF MIAMI v. AROSTEGUI

No. 1D03-1222.

864 So.2d 508 (2004)

CITY OF MIAMI, Appellant, v. Frank AROSTEGUI and Department of Financial Affairs, Division of Workers' Compensation Administration Trust Fund, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied February 5, 2004.

Attorney(s) appearing for the Case

Alejandro Vilarello, City Attorney and Mimi V. Turin, Assistant City Attorney, City of Miami, Miami, for appellant.

Mark L. Zientz of Law Office of Mark L. Zientz, P. A., Miami, for Appellee Arostegui.

Cynthia A. Shaw, Division of Workers' Compensation Administration Trust Fund for appellee Department of Financial Affairs, Division of Workers' Compensation Administration Trust Fund, Tallahassee.

PER CURIAM.

In this workers' compensation case, we reverse the order of the judge of compensation claims directing the employer to pay permanent total disability supplemental benefits, together with interest and penalties thereon. At the time of the agreement between the parties regarding continued payment of permanent total disability benefits, the Workmen's Compensation Trust Fund, not the employer, was responsible for the payment of supplemental benefits. See...

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