Fontainebleau Hotel v. Wilcox

This is an appeal by the employer Foun-tainebleau Hotel and its workers’ compensation carrier Great American Indemnity Co. from a final judgment determining the carrier’s pro rata share (5.89%) of $62,764 in net proceeds 1 of a settlement reached in Ivory Wilcox’s suit against two third-party tortfeasors arising out of the industrial accident in which workers’ compensation benefits have been paid to Wilcox. We reverse and remand the cause to the trial court with directions to give the carrier a 16.76% pro rata share of the $62,764 net recovery from the settlement. We reach this result based…