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.
A.S.J. Drugs, Inc. v. Berkowitz
459 So.2d 348, (Fla.App. 4 Dist., Oct 24, 1984)
Claimant injured in compensable accident and before
filing for workers' compensation benefits settled with
the third party tort-feasor. At time of settlement no
workers' compensation benefits had been paid.
Thereafter claim for workers' compensation benefits
made. Workers' compensation carrier/employer sought
equitable distribution from third party tort-feasor or
claimant for amount of workers' compensation benefits
paid claiming that by settling with the third party
tort-feasor the third party claim by the carrier had
been precluded. Court ruled that workers' compensation
carrier's lien was barred since claimant had settled
with tort-feasor. Also there was no right of claim for
equitable distribution against claimant or third party
absent fraud.