Legal Opinion
Gangler v. South Florida Crane Service
District Court of Appeal of Florida
Decided June 25, 1980No. 80-48PublishedCited by 4 opinions
1Opinion of the Court
ANSTEAD, Judge.
At issue is whether the lien rights of a workmen’s compensation insurer under the provisions of Section 440.39(3)(a), Florida Statutes (1975) include future medical benefits payable to the injured employee. The trial court considered such benefits in determining the amount due the insurer out of *154the recovery made by the injured worker from a third-party tortfeasor.
We believe the plain language of Section 440.39(3)(a) supports the trial court’s conclusion. That section provides in part:
Upon suit being filed the employer or the insurance carrier, as the case may be, may file in…
2Cases cited3 opinions
- National Ben Franklin Ins. Co. v. HallDistrict Court of Appeal of Florida · 1976
- Baughman v. Aetna Casualty & Surety CompanySupreme Court of Florida · 1955
- General Fire & Casualty Co. v. First National Bank of Tampa ex rel. StasioDistrict Court of Appeal of Florida · 1975
3Cited by4 opinions
- RISK MANAGEMENT SERV. INC. v. ScottDistrict Court of Appeal of Florida · 1982
- State, Department of Health & Rehabilitative Services v. McConkeyDistrict Court of Appeal of Florida · 1982
- Perez v. Pennsuco Cement & AggregatesDistrict Court of Appeal of Florida · 1988
- STATE, DEPT. OF HEALTH, ETC. v. McConkeyDistrict Court of Appeal of Florida · 1982