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TRUST FUND v. RESCARE HOME HEALTH, INC.

No. 1D05-0824.

930 So.2d 746 (2006)

SPECIAL DISABILITY TRUST FUND, Appellant, v. RESCARE HOME HEALTH, INC./LIBERTY MUTUAL GROUP, Appellees.

District Court of Appeal of Florida, First District.

May 4, 2006.

Attorney(s) appearing for the Case

Cynthia Shaw, Special Disability Trust Fund, Tallahassee, for appellant.

Mary E. Ingley, of McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., Tallahassee, for appellees.

Lamar D. Oxford and Frank C. Wesighan, of Dean, Ringers, Morgan & Lawton, Orlando, for amicus curiae Taylor Family Farms and The Florida Fruit and Vegetable Association.

WOLF, J.

This is a timely appeal from an order of the Judge of Compensation Claims (JCC) determining the employer/carrier (e/c) is entitled to reimbursement from the Special Disability Trust Fund (Fund). The Fund raises two issues on appeal: 1) whether the JCC erred when she did not apply the four-year statute of limitations contained in section 95.11(3), Florida Statutes, to appellees' claim for reimbursement pursuant to section 440.49, Florida Statutes; and 2) whether...

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