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MARYLAND CAS. INS. CO. v. REEVES

No. 82-85.

418 So.2d 1257 (1982)

MARYLAND CASUALTY INSURANCE COMPANY, Appellant, v. Ronald J. REEVES, State Farm Mutual Automobile Insurance Company, Jerry Koff, and Debra Ann Koff, Appellees.

District Court of Appeal of Florida, Fourth District.

September 8, 1982.

Attorney(s) appearing for the Case

Richard H. Gaunt, Jr., of Law Office of Frank G. Cibula, Jr., West Palm Beach, for appellant.

Michael Jeffries of Neill, Griffin, Jeffries & Lloyd, Chartered, Fort Pierce, for appellee-Reeves.

HERSEY, Judge.

Appellant, worker's compensation insurance carrier, seeks to overturn a determination of the trial court made pursuant to Section 440.39(3)(a), Florida Statutes (1981).

The operable portion of the statute provides:

The employer or carrier shall recover from the judgment, after attorney's fees and costs incurred by the employee or dependent in that suit have been deducted, 100 percent of what it has paid and future benefits to be paid...

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