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LIBERTY MUT. INS. CO. v. BATCH AIR UNIVERSAL INC.

No. 89-502.

559 So.2d 1189 (1990)

LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. BATCH AIR UNIVERSAL INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 18, 1990.

Attorney(s) appearing for the Case

Magill & Lewis and R. Fred Lewis, Miami, for appellant.

Kimbrell & Hamann and Arthur C. Moller, III, and Kenneth L. Bednar, Miami, for appellee.

Before BARKDULL, FERGUSON and JORGENSON, JJ.

PER CURIAM.

The trial court determined that a workers' compensation carrier could not recover from an alleged third party tortfeasor payment made to a widow of a deceased employee, notwithstanding the fact that it may have notified the third party tortfeasor of compensation payments. It was incumbent on the company in the two years following the employee's death, to either intervene in any pending litigation pursuant to Section 440.39, Florida Statutes (1953), or...

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