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STATE, DEPT. OF HEALTH, ETC. v. McCONKEY

No. 81-1602.

421 So.2d 29 (1982)

STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and Crawford and Company, Inc., Appellants, v. Imogene McCONKEY, Florida Farm Bureau Mutual Insurance Company and Clayton La Roche, Appellees.

District Court of Appeal of Florida, Fifth District.

October 20, 1982.

Attorney(s) appearing for the Case

C. Anthony Schoder, Jr., Daytona Beach, for appellants.

Terrill J. LaRue, of LaRue & Bernardini, P.A., Daytona Beach, for appellees.

DAUKSCH, Judge.

This is an appeal from an order entered upon a motion for equitable distribution in a personal injury suit. The plaintiff's worker's compensation carrier seeks to recover from its payee, the plaintiff, all benefits paid by the carrier in accordance with section 440.39(3)(a), Florida Statutes (1978).

That statute permits a worker's compensation carrier to obtain a lien upon a judgment in a personal injury suit to the full extent of the already...

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