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.
City of Tallahassee v. Chambliss
470 So.2d 43, 10 Fla. L. Week. 1227, (Fla.App. 1 Dist., May 16, 1985)
Employer/carrier is entitled to recover 100% of the benefits it paid under the Workers' Compensation Act from a claim that the injured employee has against a third party. However this sum can be reduced if the claimant does not collect from the third party 100% of his or her damages because of comparative negligence or limits of liability or collectibility. The 100% amount cannot be reduced because of the third party tort-feasor's questionable liability. Likewise there is no provision under the workers' compensation statute for allowing an offset or reduction in the amounts recoverable by the employer/carrier because of the employee's pain or suffering or any loss of consortium claim.Injured claimant settled with third party tort-feasor under circumstances wherein liability of third party tort-feasor was questionable. Court ruled that employer/carrier was still entitled to receive 100% of the benefits paid from the settlement. The workers' compensation lien can only be reduced below the 100% amount in cases where the claimant does not receive full recovery from the third party because of comparative negligence or limits of insurance coverage and collectibility. A reduction in the amounts received by the claimant because of questionable liability of the third party cannot be grounds for reducing the workers' compensation lien.