Legal Opinion
State, Department of Health & Rehabilitative Services v. McConkey
District Court of Appeal of Florida
Decided October 20, 1982No. 81-1602PublishedCited by 5 opinions
1Opinion of the Court
DAUKSCH, Judge.
This is an appeal from an order entered upon a motion for equitable distribution in a personal injury suit. The plaintiff’s worker’s compensation carrier seeks to recover from its payee, the plaintiff, all benefits paid by the carrier in accordance with section 440.39(3)(a), Florida Statutes (1978).
That statute permits a worker’s compensation carrier to obtain a lien upon a judgment in a personal injury suit to the full extent of the already paid and future benefits the carrier must pay to the plaintiff *30under the Worker’s Compensation law. The statute contains a proviso that…
Also in this document: Concurrence.
2Cases cited3 opinions
- National Ben Franklin Ins. Co. v. HallDistrict Court of Appeal of Florida · 1976
- Orange County v. SealyDistrict Court of Appeal of Florida · 1982
- Gangler v. South Florida Crane ServiceDistrict Court of Appeal of Florida · 1980
3Cited by5 opinions
- DeMeulenaere v. Transport InsuranceWisconsin Supreme Court · 1983
- AMERICAN STATES INS. v. See-WaiDistrict Court of Appeal of Florida · 1985
- STATE, DIV. OF RISK MANAGEMENT v. McDonaldDistrict Court of Appeal of Florida · 1983
- Hewitt, Coleman & Associates v. GrattanDistrict Court of Appeal of Florida · 1983
- STATE, DEPT. OF HEALTH, ETC. v. McConkeyDistrict Court of Appeal of Florida · 1982