Commercial Union Insurance Co. v. Fallen

PETERSON, Judge.

Commercial Union Insurance Company (CUI) paid workers’ compensation benefits to Jamie Edward Fallen and Joseph Wenzel (Employees). Employees successfully pursued claims for the related injuries against responsible third parties and obtained judgments against which CUI filed subrogation liens pursuant to section 440.39, Florida Statutes (1991). CUI and Employees agreed with most of the calculation of CUI’s pro rata share of the judgments but failed to agree on whether CUI was entitled to the interest accrued on its pro rata share from the date of the judgments to the date of…