# Polk County Board of County Commissioners v. Special Disability Trust Fund

> District Court of Appeal of Florida · March 23, 2000 · 753 So. 2d 769

URL: https://www.frixlaw.com/law-library/cases/7730437

## Case

- **Full name:** POLK COUNTY BOARD OF COUNTY COMMISSIONERS and COMMERCIAL RISK MANAGEMENT v. SPECIAL DISABILITY TRUST FUND
- **Court:** District Court of Appeal of Florida
- **Decided:** March 23, 2000
- **Citations:** 753 So. 2d 769; 2000 Fla. App. LEXIS 3449; 2000 WL 296530
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Kahn, Padovano, Webster
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7730437

## Opinion text

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 reimbursement for being filed too early, the SDTF also disputed the merits of the claim. Requiring appellant to seek a hearing on the merits, knowing the claim was not yet ripe, would have been a futile act. Cf. Blotch v. State, 389 So.2d 669, 672 (Fla. 3d DCA 1980); Bruce v. City of Deerfield Beach, 423 So.2d 404 , 406 n. 2 (Fla. 4th DCA 1982). Accordingly, we REVERSE and REMAND for further proceedings.
KAHN, WEBSTER, and PADOVANO, CONCUR.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7730437. Public record. Not legal advice.