American States Insurance Co. v. Rozier

LETTS, Judge.

This appeal presents the question of whether an employee sufficiently carried the burden of demonstrating to the court that he did not recover the full value of his damages sustained, under Section 440.-39(3)(a), Florida Statutes (1981), entitled Workers’ Compensation. The trial judge found that he did not carry that burden, but we disagree and reverse.

The employee, during the course of employment, was injured in a highway head-on collision and settled his lawsuit against the tortfeasor for $25,000, the full value of the latter’s policy. The employee then filed the instant…