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LIBERTY MUT. INS. CO. v. RODRIGUEZ

No. 83-38.

436 So.2d 1091 (1983)

LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. Hugo RODRIGUEZ, Appellee.

District Court of Appeal of Florida, Third District.

September 6, 1983.

Attorney(s) appearing for the Case

Miller, Hodges & Kagan and Jack Miller, Miami, for appellant.

Horton, Perse & Ginsberg and Edward Perse, James Schmick, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.

PER CURIAM.

The insurer appeals from the trial court's determination of the subrogation lien awarded pursuant to Section 440.39, Florida Statutes (1981).

The law is now settled in this jurisdiction that the trial court is precluded from reducing a compensation carrier's third party lien beyond the extent that full recovery is limited by uncollectibility or comparative negligence. Sentry Insurance Co. v. Keefe, 427 So.2d 236

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