American States Insurance v. Johnson

Appellant, American States Insurance Company, appeals from a final judgment contending that the trial court erred in determining the amount of its lien pursuant to Section 440.39, Florida Statutes (1979), and in failing to provide for a lien on future benefits to be paid. We affirm as to the first issue, but reverse as to the second.

The only issue warranting discussion is the trial court’s failure to include in its order a provision allowing the carrier to recover a pro rata portion of any future compensation benefits which it may be obligated to pay to the employee. Section 440.-39(3)(a),…