City of Lakeland v. Morris

BLUE, Judge.

The City of Lakeland and its compensation carrier, Johns Eastern Company, Inc. (Eastern), appeal a final order limiting recovery of their workers’ compensation lien to future indemnity benefits. They contend the trial court erred in refusing to subject future medical benefits to the lien. We agree and reverse. In so doing, we recede from our prior opinion in Payless Oil Co. v. Reynolds, 565 So.2d 737 (Fla. 2d DCA 1990), and adopt the ruling of the Fifth District in Tarmac of Florida v. Gwaltney, 604 So.2d 907 (Fla. 5th DCA 1992).

Gary H. Morris was seriously injured during the…