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TUFCO, INC. v. JERNIGAN

No. 88-486.

533 So.2d 325 (1988)

TUFCO, INC. and Auto-Owners Insurance Company, Appellants, v. Roger JERNIGAN, Appellee.

District Court of Appeal of Florida, First District.

November 10, 1988.

Attorney(s) appearing for the Case

Douglas F. Miller, of Clark, Partington, Hart, Larry, Bond, Stackhouse & Stone, Pensacola, for appellants.

Peter J. Kellogg, of Humphries, Kellogg & Oberdier, P.A., Jacksonville, and Stephen S. Poche, of Cotton, Wesley, Poche & Gates, Shalimar, for appellee.

WIGGINTON, Judge.

In this equitable distribution case brought under section 440.39(3)(a), Florida Statutes (1985), the workers' compensation insurance carrier and the employer challenge the trial court's order holding that the carrier may recoup the portion of its lien attaching to future medical expenses by paying to the medical provider a pro rata share of future medical expenses along with the employee, Roger Jernigan, rather than the carrier's receiving a lump...

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