General Fire & Casualty Co. v. First National Bank of Tampa ex rel. Stasio

McNULTY, Chief Judge.

Appellant insurance company, a workmen’s compensation carrier, seeks review of an order of “Equitable Distribution” in a successful action on behalf of an injured employee against a third-party tort-feasor. It complains that its pro rata share of the amount recovered was too low for the reason that the trial court erroneously construed § 440.39(3)(a), F.S.1973, as limiting a carrier’s pro rata share to past and future compensation payable by the carrier but to include only past medical payments made. We cannot agree that the trial court erred on the point.

We think a…