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DIV. OF RISK MANAGEMENT v. NATIONWIDE INS. CO.

No. BJ-143.

504 So.2d 11 (1986)

DIVISION OF RISK MANAGEMENT, State of Florida, Appellant/Cross-Appellee, v. NATIONWIDE INSURANCE COMPANY, Frank Masiarczyk and Keith Lloyd Calvin, Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

Rehearing Denied April 7, 1987.

Attorney(s) appearing for the Case

Michael Joel Pugh of Mann, Lang, Staples & Pugh, Pensacola, for appellant/cross-appellee.

J. Dixon Bridgers, III of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Pensacola, for appellees/cross-appellants.

ERVIN, Judge.

The Division of Risk Management, the workers' compensation carrier for the employer of an injured employee, appeals an order of equitable distribution, requiring it to pay 95 percent of all future workers' compensation benefits to Enid Rathburn, the claimant-employee, notwithstanding Rathburn's earlier settlement agreement with the third-party tortfeasors in a personal injury action. We find that the lower court erred in its application of the statutory...

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