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.
Brandt v. Phillips Petroleum Co.
511 So.2d 1070, 12 Fla. L. Week. 2067, (Fla.App. 3 Dist., Aug 25, 1987)
Court determined the amount of the employer/carrier's lien in third party action filed by claimant pursuant to Section 440.39 (1983) Florida Statutes. This statutory change provided for the pro-rata sharing of attorney's fees and costs by the employer/carrier. In determining how much the lien should be reduced from the 100% sum you take the ratio or percentage of attorney's fees and costs to the gross settlement or judgment. Added to this amount is the percentage of comparitive negligence or reduction in amounts received by the employee because of limitations of third party insurance coverage. You then multiply those combined percentages times past benefits paid. For future benefits the employer/carrier is permitted to reduce future benefits by this same percentage up to the net recovery received by the injured employee.