Marriott In-Flight Services v. Arza

ON MOTION FOR REHEARING

The appellants’ motion for rehearing is granted. Pursuant thereto, the opinion herein dated June 7, 1988, is set aside and the following opinion is substituted in its place:

The order under review, which struck a claim of compensation lien filed by the employer-carrier in a medical malpractice action arising in the course of the plaintiff’s employment, although entered in accordance with the then controlling decisions in American Motorists Ins. Co. v. Coll, 479 So.2d 156 (Fla. 3d DCA 1985), review denied, 488 So.2d 829 (Fla.1986), and Rosabal *136v. Arza, 495 So.2d 846 (Fla.…