McAdams v. Armored Car Service, Inc.

PHILLIP GOLDMAN, Circuit Judge.

This cause came on to be heard upon motions by both the plaintiff and the Home Indemnity Co. (hereinafter referred to as the carrier), the workmen’s compensation lienor, for an order of pro-ration pursuant to §440.89, Florida Statutes 1957. The parties stipulated (and the court agrees) that this proceeding is governed by the law as it existed prior to the amendments made by the 1959 session of the Florida legislature. The essential facts (none of which are in dispute) are these —

On March 16, 1959, George McAdams, suffered a compensable industrial accident which…