AMERICAN STATES INSURANCE COMPANY AND SMALL INVENTORIES, INC., APPELLANTS,
v.
GENEVIEVE L. WOODARD AND HUSBAND, CARL WOODARD, APPELLEES
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[*21] PER CURIAM.
In this equitable distribution case the worker’s compensation insurance carrier challenges the trial court’s determination of the amount of its equitable lien, and urges that the trial court erred in failing to require the appellees to escrow a portion of their settlement money in order to insure payment of the lien against future compensation benefits. We affirm.
The trial court’s determination of the amount of the lien is supported by the evidence. Section 440.39(3)(a), Florida Statutes, is silent as to how pro rata distribution is to be carried out. In this case, the final judgment provides that the carrier may deduct 16.5% from any future compensation or medical bills paid. Such a provision is within the sound discretion of the trial court. Lee v. Risk Management, Inc., 409 So. 2d 1163 (Fla. 3rd DCA 1982). See, Risk Management Services, Inc. v. McCraney, 420 So. 2d 374 (Fla. 1st DCA 1982).
AFFIRMED.
LARRY G. SMITH, JOANOS and NIM-MONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tufco, Inc. v. Jernigan, 533 So. 2d 325 (Fla. 1st DCA 1988)…risdiction of the deputy commissioner under section 440.25(1), Florida Statutes, with respect to the employee’s entitlement to future medical benefits under the Workers’ Compensation Law. We affirm. In American States Insurance Company v. Woodard, 433 So. 2d 20 (Fla. 1st DCA 1983), we noted that section 440.39(3)(a) is silent as to how pro rata distribution is to be carried out. Later, in Aetna Insurance Company v. Norman, 468 So. 2d 226 (Fla. 1985), the supreme court held that this Court’s decision in Ris…
Authorities Cited
- LEE v. Risk Mgmt., Inc., 409 So. 2d 1163 (Fla. 3d DCA 1982)
- Risk Mgmt. Servs., Inc. v. Nealy McCRANEY and Inez McCraney, 420 So. 2d 374 (Fla. 1st DCA 1982)