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NIKULA v. MICHIGAN MUT. INS.

Nos. 70978, 70998.

531 So.2d 330 (1988)

Karl NIKULA, Etc., Petitioner, v. MICHIGAN MUTUAL INSURANCE, Respondent. MICHIGAN MUTUAL INSURANCE, Petitioner, v. Karl NIKULA, Etc., Respondent.

Supreme Court of Florida.

September 22, 1988.

Attorney(s) appearing for the Case

Larry Klein of Klein & Beranek, P.A., West Palm Beach, and Babbitt and Hazouri, P.A., West Palm Beach, for petitioner/respondent.

Albert P. Massey, III of Pyszka, Kessler, Massey, Weldon, Catri, Holton & Douberley, P.A., Fort Lauderdale, for respondent/petitioner.

SHAW, Justice.

We review Michigan Mutual Insurance v. Nikula, 509 So.2d 334 (Fla. 4th DCA 1987), to answer a certified question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The district court held that under paragraph 440.39(3)(a), Florida Statutes (1981), where a comparatively negligent worker settles with a third-party tortfeasor, the employer's workers' compensation carrier...

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