Chambers v. Liberty Mutual Insurance Co.

SCHWARTZ, Chief Judge.

The order below assessing a workers’ compensation lien filed under section 440.39, Florida Statutes (1985), against the settlement proceeds of a compensable medical malpractice claim is directly contrary to section 768.50, Florida Statutes (1985), as interpreted in American Motorist Insurance Co. v. Coll, 479 So.2d 156 (Fla. 3d DCA 1985), review denied, 488 So.2d 829 (Fla.1986), and is therefore reversed with directions to strike the notice of lien. Accord Rosabal v. Arza, 495 So.2d 846 (Fla. 3d DCA 1986). The carrier’s present contention that the rule in Coll applies…