Legal Opinion

Tufco, Inc. v. Jernigan

District Court of Appeal of Florida

Decided November 10, 1988No. 88-486Published

1Opinion of the Court

WIGGINTON, Judge.

In this equitable distribution case brought under section 440.39(3)(a), Florida Statutes (1985), the workers’ compensation insurance carrier and the employer challenge the trial court’s order holding that the carrier may recoup the portion of its lien attaching to future medical expenses by paying to the medical provider a pro rata share of future medical expenses along with the employee, Roger Jernigan, rather than the carrier’s receiving a lump sum payment for future medical benefits reduced to present value from the proceeds of the third party lawsuit. In addition to the…

2Cases cited5 opinions

  1. Aetna Ins. Co. v. NormanSupreme Court of Florida · 1985
  2. RISK MANAGEMENT SERV. v. McCraneyDistrict Court of Appeal of Florida · 1982
  3. Brandt v. Phillips Petroleum Co.District Court of Appeal of Florida · 1987
  4. White v. City of JacksonvilleDistrict Court of Appeal of Florida · 1982
  5. American States Insurance Co. v. WoodardDistrict Court of Appeal of Florida · 1983

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