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STATE, DIV. OF RISK MANAGEMENT v. McDONALD

No. 82-703.

436 So.2d 1134 (1983)

STATE of Florida, DIVISION OF RISK MANAGEMENT, Appellant, v. Elbert E. McDONALD, Appellee.

District Court of Appeal of Florida, Fifth District.

September 8, 1983.

Attorney(s) appearing for the Case

John P. Brooks of Jones & Langdon, P.A., Gainesville, for appellant.

Charles R. Forman, Ocala, for appellee.

ORFINGER, Chief Judge.

In this appeal the State, through the Division of Risk Management, contends that the trial court erred in awarding an amount less than 100% of the worker's compensation benefits paid to the injured employee, following a settlement between the employee and the tortfeasor. We affirm.

Appellee McDonald, while working for the State Division of Forestry, was injured when he fell into a hole excavated by Florida Telephone Corporation. McDonald...

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