LEHAN, Judge.
We affirm the trial court's ruling that the subrogation rights provided to a workman's compensation insurance carrier pursuant to section 440.39, Florida Statutes (1985), for workman's compensation benefits paid to an employee do not, under the terms of the statute, arise against a recovery by the employee from a third party tortfeasor when the employee was injured by the third party tortfeasor while not in the course of his employment.
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