SPECIAL DISABILITY TRUST FUND, APPELLANT,
v.
SCHOOL DISTRICT OF PALM BEACH, EMPLOYER/SERVICING AGENT, APPELLEE
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The Special Disability Trust Fund appealed an order allowing reimbursement to an employer/servicing agent. The appellate court reversed, finding the claim was not filed within the statutory time limits.
No, the claim was not timely filed. The employer/servicing agent failed to comply with the specific time limitations for filing both the notice of claim and the proof of claim as required by statute.
[1] A proof of claim must be filed within one year after July 1, 1997, for any notice of claim on file as of June 30, 1997, or the right to reimbursement is barred.
[2] Refiling a notice of claim that was on file on or before June 30, 1997, does not toll, extend, or otherwise alter the limitation period applicable to the withdrawn and su…
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Join FLexlaw to unlock all legal intelligence“A proof of claim must be filed on each notice of claim on file as of June 30, 1997, within 1 year after July 1, 1997, or the right to reimbursement of the claim shall be barred.”
This quote states the statutory deadline for filing a proof of claim.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe employer/servicing agent filed a notice of claim on June 25, 1997, but did not file the proof of claim until July 9, 1999. The employer also faile…
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PER CURIAM.
The Special Disability Trust Fund appeals an order of the Judge of Compensation Claims granting the employer/servicing agent’s claim for reimbursement from the Fund. The Fund contends that the JCC erred in finding that the employer/servicing agent’s claim was timely under section 440.49(7)(c), Florida Statutes. We agree and reverse.
Section 440.49(7)(c), Florida Statutes (1997) states:
A proof of claim must be filed on each notice of claim on file as of June 30, 1997, within 1 year after July 1, 1997, or the right to reimbursement of the claim shall be barred. A notice of claim on file on or before June 30, 1997, may be withdrawn and refiled if, at the time refiled, the notice of claim remains within the limitation period specified in paragraph (a). Such refiling shall not toll, extend, or otherwise alter in any way the limitation period applicable to the withdrawn and subsequently refiled notice of claim. Each proof of claim filed shall be accompanied by a proof-of-claim fee as provided in paragraph (9)(d). The Special Disability Trust Fund shall, within 120 days after receipt of the proof of claim, serve notice of the acceptance of the claim for reimbursement. This paragraph shall apply to all claims notwithstanding the provisions of subsection (12).
In this case, the employer/servicing agent filed its notice of claim on June 25, 1997, but did not file its proof of claim until July 9, 1999. The employer/servicing agent’s actions failed to comply with the time limitations in section 440.49(7)(c). See Polk County BOCC v. Special Disability Trust Fund, 791 So. 2d 581 (Fla. 1st DCA 2001). Moreover, the employer/servicing agent failed to withdraw its notice of claim prior to the statutory deadline of July 1,1998. Therefore, the employer/servicing agent’s notice of claim and proof of claim which were refiled on July 20, 1999 were time barred. See Polk County. Consequently, the JCC erred in granting the employer/servicing agent’s claim for reimbursement.
ALLEN, C.J., WEBSTER and PADOVANO, JJ., concur.
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