Liberty Mutual Insurance Co. v. Batch Air Universal Inc.

The trial court determined that a workers’ compensation carrier could not recover from an alleged third party tortfeasor payment made to a widow of a deceased employee, notwithstanding the fact that it may have notified the third party tort-feasor of compensation payments. It was incumbent on the company in the two years following the employee’s death, to either intervene in any pending litigation pursuant to Section 440.39, Florida Statutes (1953), or to institute an action itself pursuant to Section 440.39(4)(a), Florida Statutes (1983). The carrier in the instant action did neither, and we…