Peninsular Life Insurance v. Picklesimer

LETTS, Chief Judge.

Involved here is an appeal by a Workers’ Compensation Carrier, denied equitable distribution which it claimed under Section 440.39(3)(a), Florida Statutes (1977). We reverse.

Briefly, we reiterate what many decisions have already held. Section 440.-39(3)(a), Florida Statutes (1977) permits the carrier to recover “100 percent of what it has paid and future benefits to be paid1 unless the employee or dependent can demonstrate to the court that he did not recover the full value of damages sustained because of comparative negligence or because of limits of insurance coverage &…