SUN BANK/SOUTH FLORIDA, N.A. v. BAKER

No. 92-0867.

632 So.2d 669 (1994)

SUN BANK/SOUTH FLORIDA, N.A.; Lane, Gelety, Woolsey & Centrone, P.A.; C.L.G., Inc.; and North Ct Scan Center, Appellants, v. James BAKER, Appellee.

District Court of Appeal of Florida, Fourth District.

February 23, 1994.


Attorney(s) appearing for the Case

Jon Chassen and Kelly S. Slay of Kelley Drye & Warren, Miami, for appellant — Sun Bank/South Florida, N.A.

Laurence F. Leavy of Laurence F. Leavy, P.A., North Miami Beach, and Elizabeth Russo of Russo, Talisman & Moylan, P.A., Coconut Grove, for appellee.


GROSS, J., Associate Judge.

This appeal is from a final order dismissing a complaint. The issue is whether, under the workers' compensation law, a health care provider may recover a fee in excess of the statutory maximum reimbursement allowance from an employee who settles with a third party tort-feasor. We hold that it may not and affirm.

On April 25, 1985, appellee James Baker injured his back in an automobile accident which occurred in the course and scope...

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