Cases
Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
American States Ins. v. See-Wai
472 So.2d 838, 10 Fla. L. Week. 1686, (Fla.App. 5 Dist., Jul 11, 1985)
The formula for determining the employer/carrier's third party lien as provided in the case of National Ben Franklin Ins. Co. v. Hall 240 So.2d 1269 was abrogated by the 1977 changes in the Florida Workers' Compensation Act. For purposes of determining the employer/carrier's lien the 1983 changes in the Workers' Compensation Act are not applied retroactively. This case concerned an accident which occurred after the 1977 changes in the statute but before the 1983 changes.In determining the employer/carrier's lien in third party action the claimant's spouse's consortium claim is not separated from the amount recovered by the claimant in establishing the employer/carrier's prorata equitable distribution of claimant's recovery. Likewise the carrier's prorata recovery is not to be reduced by reason of the pain and suffering recovery by the plaintiff/claimant.