PENINSULAR LIFE INSURANCE COMPANY v. PICKLESIMER

No. 80-1220.

402 So.2d 1326 (1981)

PENINSULAR LIFE INSURANCE COMPANY, Employer, and Commercial Union Assurance Companies, Workers' Compensation Carrier, Appellants, v. Harry Hansel PICKLESIMER and Eloise R. Picklesimer, His Wife, Lee Brock and Phillip M. Baker and Ohio Casualty Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 17, 1981.


Attorney(s) appearing for the Case

Harry D. Robinson, P.A. and Edna L. Caruso, West Palm Beach, for appellants.

C.R. McDonald and Curtis J. Grodin of McDonald, Gonano & Associates, P.A., Fort Pierce, for appellees.


LETTS, Chief Judge.

Involved here is an appeal by a Workers' Compensation Carrier, denied equitable distribution which it claimed under Section 440.39(3)(a), Florida Statutes (1977). We reverse.

Briefly, we reiterate what many decisions have already held. Section 440.39(3)(a), Florida Statutes (1977) permits the carrier to recover "100 percent of what it has paid and future benefits to be paid1 unless the employee or dependent...

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