United States Fidelity & Guaranty Co. v. Bryant

ROBERT P. SMITH, Jr., Judge.

At issue on USF&G’s appeal is whether Section 440.39(3)(a), Florida Statutes (1977), since amended, Chapter 79-40, Section 30, Florida Laws, required that the carrier’s notice of compensation and medical benefits paid be recorded in advance of the judgment, as well as previously filed in the worker’s lawsuit against the third party tortfeasor, in order to constitute a lien for equitable distribution of benefits paid. The circuit court held that USF&G’s notice was timely filed, but not timely recorded before entry of judgment, and so denied USF&G’s claim of lien.…