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.
Bruner v. Caterpillar, Inc.
627 So.2d 46 (Fla. 1st DCA 1993)
Third party tortfeasor not allowed a collateral source
offset pursuant to Section 768.76(1), Florida Statutes,
for benefits received by the injured employee under the
Florida Workers' Compensation Act. Such offset is not
allowed due to the statutory subrogation right which
permits under Section 440.39(2), Florida Statutes, the
workers' compensation carrier to subrograte against the
third party tortfeasor for workers' compensation
benefits paid. In this instance, the workers'
compensation carrier chose not to pursue its
subrogation interest. Even though employer/carrier
chose not to invoke its subrogation rights, there still
could not be a collateral source offset. It is the
existence of the right of subrogation, not the exercise
of such right, which prevents the third party
tortfeasor from being entitled to a collateral source
offset.