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SHAW v. CAMBRIDGE INTEGRATED SERVICES GROUP, INC.

No. 4D02-4515.

888 So.2d 58 (2004)

James SHAW, Appellant, v. CAMBRIDGE INTEGRATED SERVICES GROUP, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Order Denying Rehearing and Granting Certification December 15, 2004.

Attorney(s) appearing for the Case

Michael G. Cooksey of Cooksey & Cooksey, P.A., Riviera Beach, for appellant.

Robert L. Teitler and David S. Tadros of Walton, Lantaff, Schroeder & Carson, Miami, for appellee.

PER CURIAM.

In this appeal we consider a decision allowing an employer's insurer to recover a pro rata share from an employee's successful action for damages resulting from the employer's spoliation of evidence. The Workers Compensation rule allows an employer's insurer to have a specified share of any recovery in an employee's action against a third party tortfeasor. We conclude that the rule does not apply when an employee recovers damages from the employer itself...

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