Florida Statute 440.39 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

F.S. 440.39

440.39 Compensation for injuries when third persons are liable.—

(1) If an employee, subject to the provisions of the Workers’ Compensation Law, is injured or killed in the course of his or her employment by the negligence or wrongful act of a third-party tortfeasor, such injured employee or, in the case of his or her death, the employee’s dependents may accept compensation benefits under the provisions of this law, and at the same time such injured employee or his or her dependents or personal representatives may pursue his or her remedy by action at law or otherwise against such third-party tortfeasor.

(2) If the employee or his or her dependents accept compensation or other benefits under this law or begin proceedings therefor, the employer or, in the event the employer is insured against liability hereunder, the insurer shall be subrogated to the rights of the employee or his or her dependents against such third-party tortfeasor, to the extent of the amount of compensation benefits paid or to be paid as provided by subsection (3). If the injured employee or his or her dependents recovers from a third-party tortfeasor by judgment or settlement, either before or after the filing of suit, before the employee has accepted compensation or other benefits under this chapter or before the employee has filed a written claim for compensation benefits, the amount recovered from the tortfeasor shall be set off against any compensation benefits other than for remedial care, treatment and attendance as well as rehabilitative services payable under this chapter. The amount of such offset shall be reduced by the amount of all court costs expended in the prosecution of the third-party suit or claim, including reasonable attorney fees for the plaintiff’s attorney. In no event shall the setoff provided in this section in lieu of payment of compensation benefits diminish the period for filing a claim for benefits as provided in s. 440.19.

(3)(a) In all claims or actions at law against a third-party tortfeasor, the employee, or his or her dependents or those entitled by law to sue in the event he or she is deceased, shall sue for the employee individually and for the use and benefit of the employer, if a self-insurer, or employer’s insurance carrier, in the event compensation benefits are claimed or paid; and such suit may be brought in the name of the employee, or his or her dependents or those entitled by law to sue in the event he or she is deceased, as plaintiff or, at the option of such plaintiff, may be brought in the name of such plaintiff and for the use and benefit of the employer or insurance carrier, as the case may be. Upon suit being filed, the employer or the insurance carrier, as the case may be, may file in the suit a notice of payment of compensation and medical benefits to the employee or his or her dependents, which notice shall constitute a lien upon any judgment or settlement recovered to the extent that the court may determine to be their pro rata share for compensation and medical benefits paid or to be paid under the provisions of this law, less their pro rata share of all court costs expended by the plaintiff in the prosecution of the suit including reasonable attorney’s fees for the plaintiff’s attorney. In determining the employer’s or carrier’s pro rata share of those costs and attorney’s fees, the employer or carrier shall have deducted from its recovery a percentage amount equal to the percentage of the judgment or settlement which is for costs and attorney’s fees. Subject to this deduction, the employer or carrier shall recover from the judgment or settlement, after costs and attorney’s fees incurred by the employee or dependent in that suit have been deducted, 100 percent of what it has paid and future benefits to be paid, except, if the employee or dependent can demonstrate to the court that he or she did not recover the full value of damages sustained, the employer or carrier shall recover from the judgment or settlement, after costs and attorney’s fees incurred by the employee or dependent in that suit have been deducted, a percentage of what it has paid and future benefits to be paid equal to the percentage that the employee’s net recovery is of the full value of the employee’s damages; provided, the failure by the employer or carrier to comply with the duty to cooperate imposed by subsection (7) may be taken into account by the trial court in determining the amount of the employer’s or carrier’s recovery, and such recovery may be reduced, as the court deems equitable and appropriate under the circumstances, including as a mitigating factor whether a claim or potential claim against a third party is likely to impose liability upon the party whose cooperation is sought, if it finds such a failure has occurred. The burden of proof will be upon the employee. The determination of the amount of the employer’s or carrier’s recovery shall be made by the judge of the trial court upon application therefor and notice to the adverse party. Notice of suit being filed shall be served upon the employer and compensation carrier and upon all parties to the suit or their attorneys of record by the employee. Notice of payment of compensation benefits shall be served upon the employee and upon all parties to the suit or their attorneys of record by the employer and compensation carrier. However, if a migrant worker prevails under a private cause of action under the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) 96 Stat. 2583, as amended, 29 U.S.C. ss. 1801 et seq. (1962 ed. and Supp. V), any recovery by the migrant worker under this act shall be offset 100 percent against any recovery under AWPA.

(b) If the employer or insurance carrier has given written notice of his or her rights of subrogation to the third-party tortfeasor, and, thereafter, settlement of any such claim or action at law is made, either before or after suit is filed, and the parties fail to agree on the proportion to be paid to each, the circuit court of the county in which the cause of action arose shall determine the amount to be paid to each by such third-party tortfeasor in accordance with the provisions of paragraph (a).

(4)(a) If the injured employee or his or her dependents, as the case may be, fail to bring suit against such third-party tortfeasor within 1 year after the cause of action thereof has accrued, the employer, if a self-insurer, and if not, the insurance carrier, may, after giving 30 days’ notice to the injured employee or his or her dependents and the injured employee’s attorney, if represented by counsel, institute suit against such third-party tortfeasor, either in his or her own name or as provided by subsection (3), and, in the event suit is so instituted, shall be subrogated to and entitled to retain from any judgment recovered against, or settlement made with, such third party, the following: All amounts paid as compensation and medical benefits under the provisions of this law and the present value of all future compensation benefits payable, to be reduced to its present value, and to be retained as a trust fund from which future payments of compensation are to be made, together with all court costs, including attorney’s fees expended in the prosecution of such suit, to be prorated as provided by subsection (3). The remainder of the moneys derived from such judgment or settlement shall be paid to the employee or his or her dependents, as the case may be.

(b) If the carrier or employer does not bring suit within 2 years following the accrual of the cause of action against a third-party tortfeasor, the right of action shall revert to the employee or, in the case of the employee’s death, those entitled by law to sue, and in such event the provisions of subsection (3) shall apply.

(5) In all cases under subsection (4) involving third-party tortfeasors in which compensation benefits under this law are paid or are to be paid, settlement may not be made either before or after suit is instituted except upon agreement of the injured employee or his or her dependents and the employer or his or her insurance carrier, as the case may be.

(6) Any amounts recovered under this section by the employer or his or her insurance carrier shall be credited against the loss experience of such employer.

(7) The employee, employer, and carrier have a duty to cooperate with each other in investigating and prosecuting claims and potential claims against third-party tortfeasors by producing nonprivileged documents and allowing inspection of premises, but only to the extent necessary for such purpose. Such documents and the results of such inspections are confidential and exempt from the provisions of s. 119.07(1), and shall not be used or disclosed for any other purpose.

History.—s. 39, ch. 17481, 1935; CGL 1936 Supp. 5966(38); s. 14, ch. 18413, 1937; s. 1, ch. 23822, 1947; s. 1, ch. 26546, 1951; s. 1, ch. 59-431; s. 6, ch. 70-148; s. 18, ch. 74-197; s. 11, ch. 77-290; s. 23, ch. 78-300; ss. 30, 124, ch. 79-40; s. 21, ch. 79-312; s. 280, ch. 81-259; s. 15, ch. 83-305; s. 9, ch. 84-267; s. 5, ch. 86-171; ss. 21, 43, ch. 89-289; ss. 35, 56, ch. 90-201; ss. 33, 52, ch. 91-1; s. 5, ch. 91-269; s. 287, ch. 96-406; s. 1053, ch. 97-103.

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Amendments to 440.39

Annotations, Discussions, Cases:

Cases Citing Statute 440.39

Total Results: 255

Florida Patient's Compensation Fund v. Rowe

472 So. 2d 1145, 53 U.S.L.W. 2573, 10 Fla. L. Weekly 249, 1985 Fla. LEXIS 3238

Supreme Court of Florida | Filed: May 2, 1985 | Docket: 1793751

Cited 872 times | Published

(Supp. 1984) (Public Records Act enforcement); § 440.39(3)(a), Fla. Stat. (Supp. 1984) (workers' compensation

Rollins v. Pizzarelli

761 So. 2d 294, 2000 WL 551032

Supreme Court of Florida | Filed: May 4, 2000 | Docket: 1299957

Cited 90 times | Published

Pizzarelli, 704 So.2d at 633. For example, section 440.39(3)(a), Florida Statutes (Supp.1996), provides

Ake v. Birnbaum

25 So. 2d 213, 156 Fla. 735, 1945 Fla. LEXIS 982

Supreme Court of Florida | Filed: Jul 20, 1945 | Docket: 3274924

Cited 75 times | Published

the employer acting under the authority of Section 440.39 F.S. 1941, which clearly authorized the bringing

Jones v. ETS of New Orleans, Inc.

793 So. 2d 912, 26 Fla. L. Weekly Supp. 549, 2001 Fla. LEXIS 1695, 2001 WL 987324

Supreme Court of Florida | Filed: Aug 30, 2001 | Docket: 1267206

Cited 37 times | Published

the term "court costs" within the meaning of section 440.39(3)(a), Florida Statutes (1997), means "taxable

Frantz v. McBee Company

77 So. 2d 796

Supreme Court of Florida | Filed: Feb 4, 1955 | Docket: 1764352

Cited 32 times | Published

definition as to who is a "third party tort-feasor." Section 440.39 (1). There is nothing in our Act which expressly

Frantz v. McBee Company

77 So. 2d 796

Supreme Court of Florida | Filed: Feb 4, 1955 | Docket: 1764352

Cited 32 times | Published

definition as to who is a "third party tort-feasor." Section 440.39 (1). There is nothing in our Act which expressly

Bituminous Casualty Corporation v. Williams

17 So. 2d 98, 154 Fla. 191, 1944 Fla. LEXIS 654

Supreme Court of Florida | Filed: Feb 22, 1944 | Docket: 3269553

Cited 32 times | Published

a lawful expense incurred and authorized by Section 440.39, Florida Statutes, 1941. In no event may the

Holmes County School Bd. v. Duffell

651 So. 2d 1176, 20 Fla. L. Weekly Supp. 110, 1995 Fla. LEXIS 375, 1995 WL 94412

Supreme Court of Florida | Filed: Mar 9, 1995 | Docket: 476464

Cited 30 times | Published

buttressed by the related statutory provisions of section 440.39(1) which provide that an injured worker may

Kimbrell v. Paige

448 So. 2d 1009

Supreme Court of Florida | Filed: Apr 5, 1984 | Docket: 429561

Cited 30 times | Published

great public importance. The question is: Does Section 440.39(4), Florida Statutes (1981), bar a separate

Goldstein v. Acme Concrete Corporation

103 So. 2d 202

Supreme Court of Florida | Filed: May 21, 1958 | Docket: 1412944

Cited 29 times | Published

maintained under the Workmen's Compensation Act. § 440.39 (1), F.S.A. Depositions were taken, the matter

City of Hollywood v. Lombardi

770 So. 2d 1196, 25 Fla. L. Weekly Supp. 895, 2000 Fla. LEXIS 2039, 2000 WL 1535366

Supreme Court of Florida | Filed: Oct 19, 2000 | Docket: 1779060

Cited 25 times | Published

action in the circuit court, as authorized by section 440.39(1), Florida Statutes (1993),[3] against the

Fidelity & Cas. Co. of New York v. Bedingfield

60 So. 2d 489, 1952 Fla. LEXIS 1394

Supreme Court of Florida | Filed: Aug 5, 1952 | Docket: 1507100

Cited 25 times | Published

Workmen's Compensation benefits pursuant to section 440.39, F.S.A. Later on the petitioner filed a motion

Mullarkey v. Florida Feed Mills, Inc.

268 So. 2d 363

Supreme Court of Florida | Filed: Oct 25, 1972 | Docket: 1476990

Cited 24 times | Published

right to initiate a tort action under Fla. Stat. § 440.39, F.S.A. Grice v. Suwannee Lumber Mfg. Co., 113

Purdy v. Gulf Breeze Enterprises, Inc.

403 So. 2d 1325, 1981 Fla. LEXIS 2807

Supreme Court of Florida | Filed: Jul 30, 1981 | Docket: 1250542

Cited 20 times | Published

behind the Workmen's Compensation Subrogation Law, § 440.39(3), Fla. Stat. (1971), after which § 627.736(3)

Ohio Cas. Group v. Parrish

350 So. 2d 466

Supreme Court of Florida | Filed: Sep 29, 1977 | Docket: 1715727

Cited 20 times | Published

claim of lien pursuant to the provisions of Section 440.39, Florida Statutes (1975). While the parties

Collins v. Federated Mutual Imp. & Hdwe. Ins. Co.

247 So. 2d 461

District Court of Appeal of Florida | Filed: Apr 23, 1971 | Docket: 1461459

Cited 20 times | Published

tort-feasor, then F.S. § 440.39, F.S.A., would be applicable. Section 440.39, Florida Statutes 1969,

Reyes v. Banks

292 So. 2d 39

District Court of Appeal of Florida | Filed: Feb 22, 1974 | Docket: 1511687

Cited 17 times | Published

from the equitable distribution provisions of § 440.39(3)(a), Florida Statutes, F.S.A., the Workmen's

Smith v. Ryder Truck Rentals, Inc.

182 So. 2d 422, 1966 Fla. LEXIS 3884

Supreme Court of Florida | Filed: Feb 16, 1966 | Docket: 1486896

Cited 17 times | Published

the Workmen's Compensation Act because F.S. Section 440.39, F.S.A. thereof authorizes suits by injured

Suritz v. Kelner

155 So. 2d 831

District Court of Appeal of Florida | Filed: Jul 16, 1963 | Docket: 473807

Cited 17 times | Published

thereafter the action was subject to the provisions of § 440.39(4) (a), Fla. Stat., F.S.A. which provides that

Arex Indemnity Co. v. Radin

72 So. 2d 393, 1954 Fla. LEXIS 1419

Supreme Court of Florida | Filed: Mar 26, 1954 | Docket: 456699

Cited 16 times | Published

tort feasor. The award was made pursuant to Section 440.39(3), Florida Statutes 1951, F.S.A., which in

Trail Builders Supply Company v. Reagan

235 So. 2d 482

Supreme Court of Florida | Filed: Mar 18, 1970 | Docket: 730897

Cited 15 times | Published

employee to sue a third party tortfeasor. F.S. 1967, § 440.39(1) F.S.A. 2. The employer is subrogated to the

Red Top Cab and Baggage Co. v. Dorner

32 So. 2d 321, 159 Fla. 538, 1947 Fla. LEXIS 836

Supreme Court of Florida | Filed: Oct 31, 1947 | Docket: 3273106

Cited 15 times | Published

after the date of his injuries as provided by Section 440.39 (1) F.S.A.; (c) that the cause of action abated

Lee v. Risk Management, Inc.

409 So. 2d 1163, 1982 Fla. App. LEXIS 19285

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 77235

Cited 14 times | Published

amount of a workers' compensation lien under Section 440.39(3)(a), Fla. Stat. (1979).[1] Lee was injured

National Ben Franklin Ins. Co. v. Hall

340 So. 2d 1269

District Court of Appeal of Florida | Filed: Dec 24, 1976 | Docket: 1709091

Cited 14 times | Published

600 = $1,891.89 The controlling statute is Section 440.39(3)(a), Florida Statutes (1975), the relevant

Humana Worker's Comp. Services v. Home Emergency Services, Inc.

842 So. 2d 778, 28 Fla. L. Weekly Supp. 227, 2003 Fla. LEXIS 381, 2003 WL 1089294

Supreme Court of Florida | Filed: Mar 13, 2003 | Docket: 788078

Cited 13 times | Published

ladder, while the statutory duty arose from section 440.39(7), Florida Statutes (1995), which imposes

General Cinema Beverages v. Mortimer

689 So. 2d 276, 1995 WL 675420

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 1739272

Cited 11 times | Published

brought suit against the employer based on section 440.39, Florida Statutes. This provision of the workers'

Sun Bank/South Florida, NA v. Baker

632 So. 2d 669, 1994 WL 51861

District Court of Appeal of Florida | Filed: Feb 23, 1994 | Docket: 462632

Cited 11 times | Published

a recovery from a third party tort-feasor. Section 440.39, Florida Statutes (1993), contains a detailed

ASJ Drugs, Inc. v. Berkowitz

459 So. 2d 348

District Court of Appeal of Florida | Filed: Oct 24, 1984 | Docket: 1683310

Cited 11 times | Published

amounts paid by the carrier to Greer, under section 440.39(3)(a), Florida Statutes (1983). This section

Hill v. Gregg, Gibson & Gregg, Inc.

260 So. 2d 193, 1972 Fla. LEXIS 3874

Supreme Court of Florida | Filed: Mar 22, 1972 | Docket: 1747057

Cited 11 times | Published

that it will be entitled by virtue of F.S. Section 440.39, F.S.A., to any subrogation from the employee's

SOUTHLAND CONS., INC. v. Greater Orlando Aviation

860 So. 2d 1031, 2003 Fla. App. LEXIS 18395, 2003 WL 22867638

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 293976

Cited 10 times | Published

premium increase. Peoples Gas also urges that section 440.39, Florida Statutes, contained in the workers'

White v. Reserve Insurance Company

299 So. 2d 661

District Court of Appeal of Florida | Filed: May 7, 1974 | Docket: 1745641

Cited 10 times | Published

736(3)(b), F.S.A., of the "no-fault" statute and F.S. 440.39(3)(a), F.S.A., of the Workmen's Compensation

Haverty Furniture Co. v. McKesson & Robbins, Inc.

19 So. 2d 59, 154 Fla. 772, 1944 Fla. LEXIS 815

Supreme Court of Florida | Filed: Aug 1, 1944 | Docket: 3275204

Cited 10 times | Published

the Florida Workmen's Compensation Act. See Section 440.39, Florida Statutes, 1941. In so far as there

Jones v. Martin Electronics, Inc.

932 So. 2d 1100, 31 Fla. L. Weekly Supp. 380, 24 I.E.R. Cas. (BNA) 1306, 2006 Fla. LEXIS 1252, 2006 WL 1641944

Supreme Court of Florida | Filed: Jun 15, 2006 | Docket: 1285778

Cited 9 times | Published

the employee's injuries. See § 440.39, Fla. Stat. (2000). Section 440.39 of Florida's workers' compensation

Nikula v. Michigan Mut. Ins.

531 So. 2d 330, 1988 WL 97921

Supreme Court of Florida | Filed: Sep 22, 1988 | Docket: 1528542

Cited 9 times | Published

IS THE LIEN REDUCTION CALCULATED PURSUANT TO SECTION 440.39(3)(A) [sic], FLORIDA STATUTES? Id. at 339.

Orange County v. Sealy

412 So. 2d 25

District Court of Appeal of Florida | Filed: Mar 31, 1982 | Docket: 1525951

Cited 9 times | Published

workers' compensation, seeks recovery, under section 440.39(3)(a), Florida Statutes (1981), of an equitable

Dickerson v. Orange State Oil Company

123 So. 2d 562

District Court of Appeal of Florida | Filed: Oct 5, 1960 | Docket: 1656839

Cited 9 times | Published

States Fidelity and Guaranty Company pursuant to section 440.39, Florida Statutes, F.S.A. This insurance company

Builder's Square, Inc. v. Shaw

755 So. 2d 721, 1999 WL 741110

District Court of Appeal of Florida | Filed: Sep 17, 1999 | Docket: 1699354

Cited 8 times | Published

held liable for spoliation of evidence under section 440.39(7); and (2) whether the damages award for future

McCoy v. Florida Power and Light Company

87 So. 2d 809, 1956 Fla. LEXIS 3752

Supreme Court of Florida | Filed: May 23, 1956 | Docket: 1761342

Cited 8 times | Published

Compensation Law. We cannot construe the language of Section 440.39(3), supra, relative to actions at law against

Rockhaulers, Inc. v. Davis

554 So. 2d 654, 1989 WL 155601

District Court of Appeal of Florida | Filed: Dec 29, 1989 | Docket: 1693367

Cited 7 times | Published

compensation benefits due the injured employee. See § 440.39(1), Fla. Stat. (1987). The section *657 440.39

Aetna Ins. Co. v. Norman

468 So. 2d 226, 10 Fla. L. Weekly 236

Supreme Court of Florida | Filed: Apr 25, 1985 | Docket: 1725676

Cited 7 times | Published

JJ., concur. ADKINS, J., dissents. NOTES [*] § 440.39(3)(a), Fla. Stat. (1981), provides, among other

RISK MANAGEMENT SERV. v. McCraney

420 So. 2d 374

District Court of Appeal of Florida | Filed: Oct 12, 1982 | Docket: 1711456

Cited 7 times | Published

determining the amount of its lien pursuant to § 440.39, Fla. Stat., and in failing to provide for a lien

Gordon v. City of Belle Glade

132 So. 2d 449

District Court of Appeal of Florida | Filed: Aug 23, 1961 | Docket: 1381998

Cited 7 times | Published

institute suit against a third party tort feasor (§ 440.39(4), Fla. Stat., F.S.A.) if the injured employee

Insurance Company of Texas v. Rainey

86 So. 2d 447

Supreme Court of Florida | Filed: Mar 14, 1956 | Docket: 1523692

Cited 7 times | Published

"pro rata share" of the recovery pursuant to F.S. § 440.39(3), F.S.A., which provides for a lien in favor

Brinson v. Southeastern Utilities Service Co.

72 So. 2d 37, 1954 Fla. LEXIS 1381

Supreme Court of Florida | Filed: Mar 12, 1954 | Docket: 456694

Cited 7 times | Published

occurred before the amendment, in 1951, of Section 440.39, Florida Statutes 1941, and F.S.A., as amended

Shova v. Eller

606 So. 2d 400, 1992 WL 213124

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 132066

Cited 6 times | Published

nondelegable duty concerning a safe place to work. Section 440.39, Fla. Stat. (1989). [13] Additionally, the

Manfredo v. Employer's Cas. Ins. Co.

560 So. 2d 1162, 1990 WL 55950

Supreme Court of Florida | Filed: Apr 26, 1990 | Docket: 1739611

Cited 6 times | Published

employee from a third-party tortfeasor under section 440.39(3)(a), Florida Statutes (1983). The Third District

Cooper Transp., Inc. v. Mincey

459 So. 2d 339

District Court of Appeal of Florida | Filed: Oct 23, 1984 | Docket: 1683259

Cited 6 times | Published

amount of the carrier's compensation lien, under section 440.39(3), Florida Statutes (1981). The lien constituted

RISK MANAGEMENT SERV. INC. v. Scott

414 So. 2d 220, 1982 Fla. App. LEXIS 19887

District Court of Appeal of Florida | Filed: Apr 26, 1982 | Docket: 1358174

Cited 6 times | Published

distribution. The trial court then applied Section 440.39, Florida Statutes (1975) and the rule and formula

State, Dept. of Health v. Culmer

402 So. 2d 1273

District Court of Appeal of Florida | Filed: Aug 11, 1981 | Docket: 1691556

Cited 6 times | Published

Culmers contending that the applicable statute, Section 440.39(3)(a), Florida Statutes (1977), is unconstitutional

Foulk v. Perkins

181 So. 2d 704

District Court of Appeal of Florida | Filed: Jan 12, 1966 | Docket: 1654082

Cited 6 times | Published

defendant was not a third party tort-feasor under F.S. 440.39, F.S.A., against whom the plaintiff may prosecute

Pursell v. Sumter Electric Co-Operative, Inc.

169 So. 2d 515

District Court of Appeal of Florida | Filed: Dec 11, 1964 | Docket: 1238041

Cited 6 times | Published

the Workmen's Compensation law are set forth in § 440.39, Fla. Stat., F.S.A., as follows: "(1) If an employee

Electric MacHinery Enterprises, Inc. v. Hunt Construction Group, Inc. (In Re Electric MacHinery Enterprises, Inc.)

416 B.R. 801, 22 Fla. L. Weekly Fed. B 77, 2009 Bankr. LEXIS 2374, 2009 WL 2710266

United States Bankruptcy Court, M.D. Florida | Filed: Aug 28, 2009 | Docket: 1492740

Cited 5 times | Published

the Florida Workers' Compensation Act, see Fla. Stat. 440.39(7)). It is not contested that the actions

Shaw v. Cambridge Integrated Services Group, Inc.

888 So. 2d 58, 2004 WL 2238509

District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 1697212

Cited 5 times | Published

jury. The insurer contended that pursuant to section 440.39(3)(a) it was entitled to recover from the employee:

Ramar-Dooley Constr. Co. v. Norris

341 So. 2d 546

District Court of Appeal of Florida | Filed: Jan 19, 1977 | Docket: 1724107

Cited 5 times | Published

settlement. Upon hearing, the carrier, relying upon Section 440.39(3)(a), Florida Statutes, contended it was entitled

Russell v. Shelby Mutual Insurance Company

128 So. 2d 161

District Court of Appeal of Florida | Filed: Apr 13, 1961 | Docket: 1756933

Cited 5 times | Published

suit against Russell under the provisions of section 440.39(2), Fla. Stat., F.S.A. This section was amended

Cromer v. Thomas

124 So. 2d 36

District Court of Appeal of Florida | Filed: Nov 7, 1960 | Docket: 1416123

Cited 5 times | Published

by him against a third party tort-feasor, under § 440.39(1), Fla. Stat., F.S.A. [2] As to the significance

Red Top Cab and Baggage Co. v. Dorner

31 So. 2d 409, 159 Fla. 366, 1947 Fla. LEXIS 785

Supreme Court of Florida | Filed: Jul 25, 1947 | Docket: 3271883

Cited 5 times | Published

after the date of his injuries as provided by Section 440.39 (1) F.S.A.; (c) that the cause of action abated

Anheuser-Busch Companies, Inc. v. Staples

125 So. 3d 309, 2013 WL 5567497, 2013 Fla. App. LEXIS 16026

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60235833

Cited 4 times | Published

firm also filed a Notice of Lien pursuant to section 440.39(3)(a), Florida Statutes, in the tort action

Volk v. Gallopo

585 So. 2d 1163, 1991 WL 181705

District Court of Appeal of Florida | Filed: Sep 18, 1991 | Docket: 1293778

Cited 4 times | Published

forth in the workers' compensation statute, section 440.39(3)(a), Florida Statutes (1987). Under the statute

Fortune Ins. Co. v. McGhee

571 So. 2d 546, 1990 Fla. App. LEXIS 9420, 1990 WL 202686

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 1653333

Cited 4 times | Published

rata share of attorney's fees and costs under section 440.39, Florida Statutes (1979), which should not

Suburban Propane v. Estate of Pitcher

564 So. 2d 1118, 1990 Fla. App. LEXIS 4534, 1990 WL 85449

District Court of Appeal of Florida | Filed: Jun 21, 1990 | Docket: 1294579

Cited 4 times | Published

asserts that the order is not authorized under Section 440.39(7), Florida Statutes (1989), and that the ordered

Employer's Cas. Ins. Co. v. Manfredo

542 So. 2d 1365, 1989 WL 47194

District Court of Appeal of Florida | Filed: May 9, 1989 | Docket: 1489479

Cited 4 times | Published

payment of compensation and medical benefits under § 440.39(3)(a), Fla. Stat. (1983). The case was ultimately

American Mut. Ins. Co. v. Decker

518 So. 2d 315, 1987 WL 2108

District Court of Appeal of Florida | Filed: Dec 4, 1987 | Docket: 1778704

Cited 4 times | Published

benefits in medical malpractice litigation, and section 440.39, the statute permitting workers' compensation

Brandt v. Phillips Petroleum Co.

511 So. 2d 1070, 12 Fla. L. Weekly 2067

District Court of Appeal of Florida | Filed: Aug 25, 1987 | Docket: 1338157

Cited 4 times | Published

not properly apply the formula set forth in Section 440.39, Florida Statutes (1983), we reverse the judgment

Coon v. Continental Ins. Co.

511 So. 2d 971, 12 Fla. L. Weekly 335

Supreme Court of Florida | Filed: Jul 9, 1987 | Docket: 1338975

Cited 4 times | Published

Under this lien, which was authorized under section 440.39(3)(a), Florida Statutes (1981), Continental

Coon v. Continental Ins. Co.

511 So. 2d 971, 12 Fla. L. Weekly 335

Supreme Court of Florida | Filed: Jul 9, 1987 | Docket: 1338975

Cited 4 times | Published

Under this lien, which was authorized under section 440.39(3)(a), Florida Statutes (1981), Continental

South Carolina Ins. Co. v. Arnold

467 So. 2d 324, 10 Fla. L. Weekly 410, 1985 Fla. App. LEXIS 12386

District Court of Appeal of Florida | Filed: Feb 13, 1985 | Docket: 1274409

Cited 4 times | Published

disability benefits out of appellee's recovery under section 440.39, Florida Statutes (1979). The fact remains

United Parcel Services v. Carmadella

432 So. 2d 702

District Court of Appeal of Florida | Filed: Jun 7, 1983 | Docket: 1677331

Cited 4 times | Published

workers' compensation carrier's claim, pursuant to Section 440.39(3)(a), Florida Statutes (1981), for a pro rata

STATE, DEPT. OF HEALTH, ETC. v. McConkey

421 So. 2d 29

District Court of Appeal of Florida | Filed: Oct 20, 1982 | Docket: 1719601

Cited 4 times | Published

benefits paid by the carrier in accordance with section 440.39(3)(a), Florida Statutes (1978). That statute

Cook Motor Company v. Vaughn

189 So. 2d 536

District Court of Appeal of Florida | Filed: Aug 23, 1966 | Docket: 1328070

Cited 4 times | Published

payment of compensation benefits under Florida Statute 440.39(3) (a), F.S.A., and where, at the time

Zurich Insurance Company v. Renton

189 So. 2d 492

District Court of Appeal of Florida | Filed: Jul 22, 1966 | Docket: 1697264

Cited 4 times | Published

provisions of the Workmen's Compensation Law, Section 440.39, Florida Statutes. F.S.A. This section preserves

Hartford Accident and Indemnity Company v. McNair

152 So. 2d 805, 1963 Fla. App. LEXIS 3663

District Court of Appeal of Florida | Filed: May 2, 1963 | Docket: 1185571

Cited 4 times | Published

rights under the Workmen's Compensation Act, Section 440.39(3) (a), Florida Statutes, F.S.A.[1] James S

General Guaranty Insurance Company v. Moore

143 So. 2d 541

District Court of Appeal of Florida | Filed: Aug 1, 1962 | Docket: 1693512

Cited 4 times | Published

subrogation claim in an action arising under Section 440.39(4), Florida Statutes, 1957, F.S.A. Under this

Troup Brothers, Inc. v. State

135 So. 2d 755

District Court of Appeal of Florida | Filed: Dec 13, 1961 | Docket: 1292656

Cited 4 times | Published

whom a separate action could be brought under § 440.39(1) F.S.A. The defendant delivered ready mixed

Southern Farm Bureau Casualty Ins. Co. v. Bennett

131 So. 2d 499, 1961 Fla. App. LEXIS 2804

District Court of Appeal of Florida | Filed: Jun 7, 1961 | Docket: 1503737

Cited 4 times | Published

plaintiff with third party tort feasor pursuant to Section 440.39(3) (a), Florida Statutes of 1959, F.S.A., pertaining

Hartford Insurance Co. v. Goff

4 So. 3d 770, 2009 Fla. App. LEXIS 2019, 2009 WL 632931

District Court of Appeal of Florida | Filed: Mar 13, 2009 | Docket: 17564

Cited 3 times | Published

compensation benefits in that action pursuant to section 440.39(3)(a), Florida Statutes (2001), thereby asserting

Luscomb v. Liberty Mut. Ins. Co.

967 So. 2d 379, 2007 WL 3009847

District Court of Appeal of Florida | Filed: Oct 17, 2007 | Docket: 1733601

Cited 3 times | Published

*380 This case turns on the application of section 440.39(3)(a), Florida Statutes, as in force on the

McDade v. PALM BEACH COUNTY SCHOOL DIST.

898 So. 2d 126, 2005 Fla. App. LEXIS 2671, 2005 WL 491178

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 1732331

Cited 3 times | Published

compensation benefits prior to an award of compensation); § 440.39(2), Fla. Stat. (2004) (for third-party recovery)

Williams Heating and Air Conditioning Co. v. Williams

551 So. 2d 559, 1989 WL 114234

District Court of Appeal of Florida | Filed: Oct 5, 1989 | Docket: 1525596

Cited 3 times | Published

to file a notice of that lien as permitted by § 440.39(3)(a) Fla. Stat. (Supp. 1986).[2] Aetna contends

Sandrew Const. v. DeFourny

515 So. 2d 1351, 1987 WL 1805

District Court of Appeal of Florida | Filed: Nov 25, 1987 | Docket: 1467310

Cited 3 times | Published

carrier filed a notice of lien pursuant to section 440.39(3)(a), Florida Statutes (1981), upon any recovery

AMERICAN STATES INS. v. See-Wai

472 So. 2d 838, 10 Fla. L. Weekly 1686

District Court of Appeal of Florida | Filed: Jul 11, 1985 | Docket: 1793465

Cited 3 times | Published

American States was entitled, according to section 440.39(3)(a), Florida Statutes (1977),[1] which provides

Aetna Ins. Co. v. Norman

444 So. 2d 1124

District Court of Appeal of Florida | Filed: Feb 7, 1984 | Docket: 1510650

Cited 3 times | Published

amount of a workers' compensation lien under Section 440.39(3)(a), Florida Statutes (1981). For the reasons

STATE, DIV. OF RISK MANAGEMENT v. McDonald

436 So. 2d 1134

District Court of Appeal of Florida | Filed: Sep 8, 1983 | Docket: 1339677

Cited 3 times | Published

compensation lien. The controlling statute is section 440.39(3)(a), Florida Statutes (1979), which provides

Universal Engineering Corp. v. Cartier

380 So. 2d 1160

District Court of Appeal of Florida | Filed: Mar 11, 1980 | Docket: 1402307

Cited 3 times | Published

error on that point. Both parties agree that Section 440.39(3)(a), Florida Statutes (1973), does not authorize

Maryland Cas. Co. v. Whitley

375 So. 2d 18

District Court of Appeal of Florida | Filed: Aug 30, 1979 | Docket: 1353038

Cited 3 times | Published

effect at the time of this industrial accident, Section 440.39, Florida Statutes (1975), Maryland Casualty

Corrao v. M/V ACT III

359 F. Supp. 1160, 1973 U.S. Dist. LEXIS 13358

District Court, S.D. Florida | Filed: Jun 4, 1973 | Docket: 1038556

Cited 3 times | Published

paid, for the sum previously paid him.[3] F.S.A. § 440.39(3). See, e. g., Whisenant v. Brewster-Bartle *1168

Security Mutual Casualty Co. v. Grice

172 So. 2d 834

District Court of Appeal of Florida | Filed: Mar 17, 1965 | Docket: 1764716

Cited 3 times | Published

employer's insurance carrier as provided in Section 440.39(3) (a) Florida Statutes 1961, F.S.A. The record

United States Fidelity & Guaranty Company v. Harb

170 So. 2d 54

District Court of Appeal of Florida | Filed: Dec 29, 1964 | Docket: 437987

Cited 3 times | Published

and Carlton Shaw, pursuant to the provisions of § 440.39(3) (a), Fla. Stat., F.S.A., filed a "notice of

Newton v. Mitchell

42 So. 2d 53, 1949 Fla. LEXIS 957

Supreme Court of Florida | Filed: Aug 1, 1949 | Docket: 3260870

Cited 3 times | Published

Mitchells, who had become assignees, under Section 440.39, Florida Statutes 1941, and F.S.A., of the

Jimenez v. Community Asphalt Corp.

968 So. 2d 668, 2007 WL 3355411

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 1745361

Cited 2 times | Published

counts are founded on alleged violations of section 440.39(7), Florida Statutes (2006). In 2001, Orlando

City of Hollywood v. Lombardi

738 So. 2d 491, 1999 WL 569559

District Court of Appeal of Florida | Filed: Aug 5, 1999 | Docket: 1502652

Cited 2 times | Published

complaint in circuit court, as authorized by section 440.39(1), Florida Statutes (1993), against the homeowners

Williamson v. Water Mania, Inc.

721 So. 2d 372, 1998 WL 754355

District Court of Appeal of Florida | Filed: Oct 30, 1998 | Docket: 1694615

Cited 2 times | Published

plaintiff that the declaratory action under section 440.39(7), Florida Statutes (1997) should be permitted

Bruner v. Caterpillar, Inc.

627 So. 2d 46, 1993 WL 468519

District Court of Appeal of Florida | Filed: Nov 12, 1993 | Docket: 1553804

Cited 2 times | Published

insurer had a statutory subrogation right under section 440.39(2), Florida Statutes. Although the workers'

Barbosa v. Liberty Mut. Ins. Co.

617 So. 2d 1129, 1993 Fla. App. LEXIS 5218, 1993 WL 152180

District Court of Appeal of Florida | Filed: May 11, 1993 | Docket: 457957

Cited 2 times | Published

benefits, Barbosa sued Liberty Mutual pursuant to section 440.39(7), Florida Statutes (1987). Barbosa alleged

Payless Oil Co. v. Reynolds

565 So. 2d 737, 1990 Fla. App. LEXIS 4477, 1990 WL 84423

District Court of Appeal of Florida | Filed: Jun 22, 1990 | Docket: 1725970

Cited 2 times | Published

insurer will be permitted to recover. Under section 440.39(3)(a), Florida Statutes (1983),[1] a workers'

ROSABAL, MD v. Arza

495 So. 2d 846

District Court of Appeal of Florida | Filed: Oct 7, 1986 | Docket: 2509525

Cited 2 times | Published

workers' compensation lien filed pursuant to section 440.39, Florida Statutes (1983), by plaintiff's employer

Whitely v. US Fidelity & Guar. Co.

454 So. 2d 63

District Court of Appeal of Florida | Filed: Aug 14, 1984 | Docket: 444312

Cited 2 times | Published

Insurance Company's motion to assess, pursuant to section 440.39(3)(a), Florida Statutes (1979), a workers'

Caravasios v. MW Spates Const. Co.

441 So. 2d 1070

Supreme Court of Florida | Filed: Sep 29, 1983 | Docket: 1333478

Cited 2 times | Published

share pursuant to a notice of lien filed under section 440.39(3)(a), Florida Statutes (1975),[1] and was

Hewitt, Coleman & Associates v. Grattan

432 So. 2d 125, 1983 Fla. App. LEXIS 19765

District Court of Appeal of Florida | Filed: Apr 29, 1983 | Docket: 1265071

Cited 2 times | Published

reimbursement of workers' compensation benefits under section 440.39, Florida Statutes (1981). Grattan was injured

Edmondson v. Swope

395 So. 2d 553

District Court of Appeal of Florida | Filed: Dec 16, 1980 | Docket: 1318137

Cited 2 times | Published

from an order of proration entered pursuant to Section 440.39(3)(a), Florida Statutes (1975). We affirm.

American Fire and Casualty Company v. Oller

313 So. 2d 67

District Court of Appeal of Florida | Filed: May 23, 1975 | Docket: 1511091

Cited 2 times | Published

, to the equitable distribution provisions of § 440.39(3)(a), F.S., the workmen's compensation statute

Hardware Mutual Insurance Company v. Roth

222 So. 2d 768

District Court of Appeal of Florida | Filed: May 20, 1969 | Docket: 1235920

Cited 2 times | Published

distribution entered by the trial court pursuant to § 440.39(3) (a), Fla. Stat., F.S.A. The original third

School Board of Broward County v. City of Coral Springs

187 So. 3d 287, 2016 Fla. App. LEXIS 3124, 2016 WL 805300

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040732

Cited 1 times | Published

lawsuit against it given the provisions of section 440.39(4), Florida Statutes (2011). We decline to

Lopez-Loarca v. Cosme

76 So. 3d 5, 2011 Fla. App. LEXIS 16363, 2011 WL 4949808

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 60304558

Cited 1 times | Published

request for damages to those available under section 440.39, Florida Statutes (2000). In June, 2004, the

Gayer v. Fine Line Const. & Elec., Inc.

970 So. 2d 424, 2007 WL 4179312

District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 1695528

Cited 1 times | Published

help supply services company has a duty under section 440.39(7), Florida Statutes, to preserve evidence

Perez v. La Dove, Inc.

964 So. 2d 777, 2007 Fla. App. LEXIS 14247, 2007 WL 2609381

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 450983

Cited 1 times | Published

section of the Florida Workers' Compensation Law, section 440.39(7), Florida Statutes (1989), an additional

Yates v. Publix Super Markets

924 So. 2d 832, 2006 Fla. App. LEXIS 3289, 2005 WL 3409716

District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 1736035

Cited 1 times | Published

for suit against her husband's employer under section 440.39(7), which provides: "The employee, employer

Powers v. ER Precision Optical Corp.

886 So. 2d 281, 2004 WL 2533029

District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 1380091

Cited 1 times | Published

can be allowed to prevent double recovery, see § 440.39(3)(a), Fla. Stat. (2001), and the dispositive

Circle K Corp. v. Webster

747 So. 2d 1010, 1999 Fla. App. LEXIS 16660, 1999 WL 1127648

District Court of Appeal of Florida | Filed: Dec 10, 1999 | Docket: 64793557

Cited 1 times | Published

the motion for equitable distribution. Under section 440.39(3)(a), once a suit is filed (and notice is

City of Tampa v. Norton

681 So. 2d 811, 1996 Fla. App. LEXIS 10388, 1996 WL 577282

District Court of Appeal of Florida | Filed: Oct 9, 1996 | Docket: 64768432

Cited 1 times | Published

violation of the workers’ compensation laws. See § 440.39(3)(a), Fla. Stat. (1991). When Norton and the

AGC Risk Management Group, Inc. v. Orozco

635 So. 2d 1034, 1994 Fla. App. LEXIS 3822, 1994 WL 146506

District Court of Appeal of Florida | Filed: Apr 26, 1994 | Docket: 64747914

Cited 1 times | Published

interest filed a Notice Of Lien pursuant to section 440.39(3)(a), Florida Statutes (1991), for the amount

Saunders v. Alois

604 So. 2d 18, 1992 WL 191310

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 1686526

Cited 1 times | Published

carrier." Florida Worker's Compensation Statute section 440.39(5) (1989), providing that settlement between

University of Cent. Fla. v. Gleaves

586 So. 2d 458, 1991 WL 187290

District Court of Appeal of Florida | Filed: Sep 23, 1991 | Docket: 1487644

Cited 1 times | Published

dispute over a third-party tort-feasor lien when section 440.39(3)(b), Florida Statutes, specifically provides

University of Cent. Fla. v. Gleaves

586 So. 2d 458, 1991 WL 187290

District Court of Appeal of Florida | Filed: Sep 23, 1991 | Docket: 1487644

Cited 1 times | Published

dispute over a third-party tort-feasor lien when section 440.39(3)(b), Florida Statutes, specifically provides

Liberty Mutual Insurance Company v. Chambers

526 So. 2d 66

Supreme Court of Florida | Filed: Jun 9, 1988 | Docket: 2506793

Cited 1 times | Published

assessing a worker's compensation lien filed under section 440.39, Florida Statutes (1985), against the settlement

Reliance Ins. Co. v. Davis

491 So. 2d 1177, 11 Fla. L. Weekly 1511

District Court of Appeal of Florida | Filed: Jul 9, 1986 | Docket: 1383919

Cited 1 times | Published

lien. The pertinent statute involved here is section 440.39(3)(a), Florida Statutes (1979). It provides

Hewitt, Coleman & Associates v. Lymas

460 So. 2d 467

District Court of Appeal of Florida | Filed: Dec 5, 1984 | Docket: 1766860

Cited 1 times | Published

requirements of Section 440.39(3)(a), Florida Statutes (1981). We agree and reverse. Section 440.39(3)(a) provides

National Airlines, Inc. v. Wikle

451 So. 2d 908

District Court of Appeal of Florida | Filed: Jun 1, 1984 | Docket: 1483309

Cited 1 times | Published

pending third-party damage suit pursuant to section 440.39, Florida Statutes (1977), let alone as penalizing

American States Insurance Co. v. Rozier

450 So. 2d 547, 1984 Fla. App. LEXIS 12865

District Court of Appeal of Florida | Filed: Apr 25, 1984 | Docket: 64604975

Cited 1 times | Published

full value of his damages sustained, under Section 440.-39(3)(a), Florida Statutes (1981), entitled Workers’

Liberty Mut. Ins. Co. v. Rodriguez

436 So. 2d 1091, 1983 Fla. App. LEXIS 22802

District Court of Appeal of Florida | Filed: Sep 6, 1983 | Docket: 1700982

Cited 1 times | Published

of the subrogation lien awarded pursuant to Section 440.39, Florida Statutes (1981). The law is now settled

Miceli v. Litton Systems, Inc.

566 F. Supp. 875, 1983 U.S. Dist. LEXIS 15613

District Court, S.D. Florida | Filed: Jul 7, 1983 | Docket: 2242526

Cited 1 times | Published

accordingly the court to which application must be made. § 440.39(3)(a) F.S.A. 2. That plaintiff has settled his

Kight v. Capeletti Brothers

384 So. 2d 1302

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 1268686

Cited 1 times | Published

the lawsuit was in progress as required by Section 440.39(3)(a), Florida Statutes (1977), citing Maryland

Alfar Creamery Company v. Williams

366 So. 2d 458

District Court of Appeal of Florida | Filed: Dec 20, 1978 | Docket: 1227686

Cited 1 times | Published

recorded. It is that order we have for review. Section 440.39(3)(a), Florida Statutes (1977), provides in

Pyles v. Bridges

283 So. 2d 394

District Court of Appeal of Florida | Filed: Oct 3, 1973 | Docket: 1490175

Cited 1 times | Published

and their insurance carriers. Pursuant to F.S., § 440.39 F.S.A. the employer's insurance carrier filed

Commercial Standard Insurance Company v. Miller

274 So. 2d 588

District Court of Appeal of Florida | Filed: Mar 8, 1973 | Docket: 1260408

Cited 1 times | Published

GILLIS E., Associate Judge, concur. NOTES [1] F.S. 440.39(3)(a), F.S.A. [2] We pretermit any discussion

Aetna Casualty & Surety Co. v. Bortz

271 So. 2d 108, 1972 Fla. LEXIS 3055

Supreme Court of Florida | Filed: Sep 20, 1972 | Docket: 64529551

Cited 1 times | Published

application of subsections (3) and (4) of Fla.Stat. § 440.39, F.S.A., as they relate to a suit brought by the

National Emblem Insurance Co. v. Gillingham

241 So. 2d 707, 1970 Fla. App. LEXIS 5460

District Court of Appeal of Florida | Filed: Dec 11, 1970 | Docket: 64517729

Cited 1 times | Published

Company which claimed subrogation under F.S. section 440.39, F.S.A. by virtue of compensation and other

Hunt v. Ryder Truck Rentals, Inc.

216 So. 2d 751, 1968 Fla. LEXIS 2045

Supreme Court of Florida | Filed: Dec 10, 1968 | Docket: 420602

Cited 1 times | Published

employer had any action against Ryder under Section 440.39 or otherwise. Except where modified by statute

Luby Chevrolet, Inc. v. Foster

177 So. 2d 510, 1965 Fla. App. LEXIS 3953

District Court of Appeal of Florida | Filed: Jul 20, 1965 | Docket: 64493901

Cited 1 times | Published

the petition for equitable distribution under Section 440.39 (3), Florida Statutes, F.S.A. Appellants seek

Home Indemnity Co. v. McAdams

139 So. 2d 433, 1962 Fla. App. LEXIS 3480

District Court of Appeal of Florida | Filed: Apr 3, 1962 | Docket: 60202962

Cited 1 times | Published

lien pursuant to the appropriate provisions of Section 440.39, F.S.2 “In due course the action against the

Liberty Mutual Insurance Company v. Robert A. Lee, Asco Services, Inc., Emerson Network Power Solutions, Inc., Electrical Reliability Services, Inc., Thyssenkrupp Elevator Corporation and Bruce Alexson

District Court of Appeal of Florida | Filed: Feb 7, 2025 | Docket: 69620531

Published

Liberty Mutual filed a lien on the case, under section 440.39(3)(a), Florida Statutes. After that case settled

CAPTAIN D'S, LLC v. UNIFIED BRANDS, INC. AND REGINA AKINS

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68938461

Published

Regina Akins. The trial court, governed by section 440.39(3), Florida Statutes (2023), found that Akins

Suarez Trucking Fl Corp. v. Adam J. Souders

Supreme Court of Florida | Filed: Oct 20, 2022 | Docket: 65592256

Published

workers’ compensation lien created by operation of section 440.39, Florida Statutes (2014). The Second

DIVESTON MERLIEN v. JM FAMILY ENTERPRISES, INC., SHERIDIAN 441, LLC and BENDLES RENTALS, LLC

District Court of Appeal of Florida | Filed: Jul 22, 2020 | Docket: 17370653

Published

making this argument, the plaintiff references section 440.39, Florida Statutes (2017), which provides that

Shamrock-Shamrock, Inc. v. Remark

271 So. 3d 1200

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 64714201

Published

claim against third-party tortfeasor based on section 440.39(7), Fla. Stat.). To establish a spoliation

Shamrock-Shamrock, Inc. v. Remark

271 So. 3d 1200

District Court of Appeal of Florida | Filed: Apr 26, 2019 | Docket: 64714202

Published

claim against third-party tortfeasor based on section 440.39(7), Fla. Stat.). To establish a spoliation

Cannino v. Progressive Express Insurance Co.

58 So. 3d 275, 2010 Fla. App. LEXIS 19397, 2010 WL 5129298

District Court of Appeal of Florida | Filed: Dec 17, 2010 | Docket: 60299291

Published

extent of workers’ compensation benefits paid. § 440.39(3)(a). The lien is reduced pro rata if the employee

Braun v. Brevard County

44 So. 3d 1216, 2010 Fla. App. LEXIS 14885, 2010 WL 3783441

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 60295551

Published

subrogation rights in these settlement proceeds, § 440.39, Fla. Stat. (2005), the precise extent of which

Anderson Columbia v. Brewer

994 So. 2d 419, 2008 Fla. App. LEXIS 16427, 2008 WL 4643815

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 64856732

Published

paving machine injury, they are entitled, under section 440.39, Florida Statutes (1989), to a portion of the

Gayer v. FINE LINE CONSTRUCTION & ELECTRIC, INC.

2 So. 3d 296, 2008 Fla. App. LEXIS 3009, 2008 WL 583455

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1137778

Published

help supply services company has a duty under section 440.39(7), Florida Statutes, to preserve evidence

Riser v. Hartford Ins. Co.

971 So. 2d 878, 2007 WL 4124963

District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 2526731

Published

the workers' compensation claim and filed a section 440.39(2) subrogation lien in the personal injury

Jimenez v. Community Asphalt Corp.

947 So. 2d 532, 2006 Fla. App. LEXIS 21256, 2006 WL 3733161

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 64848694

Published

on spoliation of evidence and a violation of section 440.39(7), Florida Statutes (2002), which requires

Summit Claims Mgt. v. Lawyers Exp. Trucking

913 So. 2d 1182, 2005 WL 2509276

District Court of Appeal of Florida | Filed: Oct 12, 2005 | Docket: 2530718

Published

Insurance Company, Inc. ("Canal Insurance"). Section 440.39(1), Florida Statutes (1997), allows injured

City of Lakeland v. Stapleton

875 So. 2d 784, 2004 Fla. App. LEXIS 8729, 2004 WL 1389536

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 64831131

Published

compensation and medical benefits pursuant to section 440.39(3)(a), Florida Statutes (2002). After Mr. Stapleton

Home Emergency Services, Inc. v. Humana Worker's Compensation

815 So. 2d 665, 2002 Fla. App. LEXIS 2975, 2002 WL 384509

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 64814842

Published

spoliation of evidence and a claim for violation of section 440.39(7), Florida Statutes (1995), by discarding

Lincoln Ins. Co. v. Home Emergency Services, Inc.

812 So. 2d 433, 2001 WL 37808

District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 1364099

Published

Evidence and for Statutory Violations under section 440.39(7), which requires employers to aid the plaintiff

Orlando Regional Healthcare System v. Tiznado

804 So. 2d 1267, 2002 Fla. App. LEXIS 557, 2002 WL 90823

District Court of Appeal of Florida | Filed: Jan 25, 2002 | Docket: 64811728

Published

might recover from the third-party tortfeasor. See § 440.39, Fla. Stat. (1997).2 When Tiznado settled the

Zurich v. Weeden

805 So. 2d 945, 2001 Fla. App. LEXIS 16061, 2001 WL 1418635

District Court of Appeal of Florida | Filed: Nov 14, 2001 | Docket: 64811975

Published

Zurich had the statutory authority, pursuant to section 440.39(3)(a), Florida Statutes, to assert a hen against

IMC AGRICO MP, INC. v. Faulk

783 So. 2d 321, 2001 WL 345189

District Court of Appeal of Florida | Filed: Apr 10, 2001 | Docket: 1259533

Published

presented to a circuit court as contemplated by section 440.39(3)(a) or (when settlement is reached before

Metrix South v. Rose

758 So. 2d 1259, 2000 Fla. App. LEXIS 6574, 2000 WL 690260

District Court of Appeal of Florida | Filed: May 31, 2000 | Docket: 64797603

Published

money was paid by the UM/UIM carrier. We agree. Section 440.39(3)(a), Florida Statutes (1997) states that

ETS of New Orleans, Inc. v. Jones

738 So. 2d 958, 1999 Fla. App. LEXIS 5979, 24 Fla. L. Weekly Fed. D 1172

District Court of Appeal of Florida | Filed: May 12, 1999 | Docket: 64789933

Published

from the equitable distribution, pursuant to section 440.39, Florida Statutes (1997), of the proceeds from

Special Disability Trust Fund v. Comcar Industries

675 So. 2d 1019, 1996 Fla. App. LEXIS 6656, 1996 WL 343002

District Court of Appeal of Florida | Filed: Jun 25, 1996 | Docket: 64765523

Published

expressly waives the right to a lien pursuant to § 440.39. The claimant’s injuries in the instant industrial

Southeast Recycling Corp. v. McClure

658 So. 2d 670, 1995 Fla. App. LEXIS 8484, 1995 WL 469645

District Court of Appeal of Florida | Filed: Aug 10, 1995 | Docket: 64758058

Published

was cleaning when she was injured. Because section 440.39(7), Florida Statutes (1993), provides that

Bussert v. Holley

653 So. 2d 1146, 1995 Fla. App. LEXIS 5009, 1995 WL 270819

District Court of Appeal of Florida | Filed: May 10, 1995 | Docket: 64755811

Published

for equita*1147ble distribution pursuant to section 440.39, Florida Statutes (1993). The appellant contends

Century Elevator Co. v. Spinos

652 So. 2d 451, 1995 Fla. App. LEXIS 2836, 1995 WL 119142

District Court of Appeal of Florida | Filed: Mar 22, 1995 | Docket: 64755146

Published

percentage to which it was entitled. Under section 440.39, Florida Statutes, the worker’s compensation

Candyworld, Inc. v. Granite State Insurance Co.

652 So. 2d 1165, 1995 Fla. App. LEXIS 2261, 1995 WL 92604

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 64755301

Published

third-party tortfeasor liable for the injury. See § 440.39(2), Fla.Stat. (1993). Hence, notice to the workers

Murray v. Harborside Hospital, Inc.

634 So. 2d 1129, 1994 Fla. App. LEXIS 3343, 1994 WL 120054

District Court of Appeal of Florida | Filed: Apr 12, 1994 | Docket: 64747607

Published

v. Gleaves, 586 So.2d 458 (Fla. 1st DCA 1991); § 440.39(3)(b), Fla.Stat. We therefore strike the language

Ricketts v. Haynes

630 So. 2d 1232, 1994 Fla. App. LEXIS 336, 1994 WL 22577

District Court of Appeal of Florida | Filed: Jan 26, 1994 | Docket: 64746027

Published

estate would not be immune from liability. See § 440.39(1) Fla. Stat. (1991). Haynes argues that Andrews

City of Lakeland v. Morris

627 So. 2d 572, 1993 Fla. App. LEXIS 11988, 1993 WL 496040

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 64744396

Published

2d at 907. The court based its decision on section 440.39(3)(a), Florida Statutes (1991), which expressly

Delehanty v. Coronet Insurance Co.

619 So. 2d 990, 1993 Fla. App. LEXIS 4712, 1993 WL 135718

District Court of Appeal of Florida | Filed: Apr 30, 1993 | Docket: 64696905

Published

amount of attorney’s fees and costs permitted by section 440.39(3)(a), Florida Statutes [1985].” Id. at 548

Tarmac of Florida/Liberty Mutual Insurance Co. v. Gwaltney

604 So. 2d 907, 1992 Fla. App. LEXIS 9328, 1992 WL 213107

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 64669571

Published

Mutual filed a lien in that action pursuant to section 440.39(3)(a), Florida Statutes (1987), the pertinent

Commercial Union Insurance Co. v. Fallen

603 So. 2d 610, 1992 Fla. App. LEXIS 8189, 1992 WL 178956

District Court of Appeal of Florida | Filed: Jul 31, 1992 | Docket: 64669287

Published

which CUI filed subrogation liens pursuant to section 440.39, Florida Statutes (1991). CUI and Employees

Sun Bank v. Jakubowski

583 So. 2d 782, 1991 WL 148346

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1684196

Published

four-year statute of limitations. We reverse. Section 440.39 creates a right of subrogation for the compensation

Atlanta Casualty Co. v. Yadevia

579 So. 2d 213, 1991 Fla. App. LEXIS 3777, 1991 WL 63775

District Court of Appeal of Florida | Filed: Apr 24, 1991 | Docket: 64658600

Published

amount of attorney’s fees and costs permitted by section 440.39(3)(a), Florida Statutes [1985].” Id. at 548

Zurich-American Insurance Co. v. Lewis

570 So. 2d 1136, 1990 Fla. App. LEXIS 9293, 1990 WL 198429

District Court of Appeal of Florida | Filed: Dec 12, 1990 | Docket: 64654839

Published

for a reduction of 6.3% as to future benefits. § 440.39(3)(a), Fla.Stat. (1983). Accordingly, we affirm

Fontainebleau Hotel v. Wilcox

570 So. 2d 1083, 1990 Fla. App. LEXIS 9114, 1990 WL 191978

District Court of Appeal of Florida | Filed: Dec 4, 1990 | Docket: 64654796

Published

legal analysis. First, the 1981 version of Section 440.39(3)(a), Florida Statutes governs this case as

First Southern Insurance Co. v. Block

567 So. 2d 960, 1990 Fla. App. LEXIS 7288, 1990 WL 138391

District Court of Appeal of Florida | Filed: Sep 26, 1990 | Docket: 64653565

Published

of a worker’s compensation lien pursuant to section 440.39(3)(a), Florida Statutes. But, even if it does

Employer Service Corp. v. Szlosek

566 So. 2d 897, 1990 Fla. App. LEXIS 6800, 1990 WL 129681

District Court of Appeal of Florida | Filed: Sep 12, 1990 | Docket: 64652943

Published

conversation, the appellants filed a lien pursuant to section 440.39(3)(a), Florida Statutes (1987), coincidentally

Arone v. Sherwood

561 So. 2d 1269, 1990 Fla. App. LEXIS 3601, 1990 WL 67304

District Court of Appeal of Florida | Filed: May 23, 1990 | Docket: 64650815

Published

its carrier FEISCO) filed a lien, pursuant to section 440.39(3)(a), Fla.Stat. (1987) seeking reimbursement

Liberty Mutual Insurance Co. v. Batch Air Universal Inc.

559 So. 2d 1189, 1990 Fla. App. LEXIS 1171, 1990 WL 17485

District Court of Appeal of Florida | Filed: Feb 27, 1990 | Docket: 64649741

Published

intervene in any pending litigation pursuant to Section 440.39, Florida Statutes (1953), or to institute an

U.S. Foundry & Management Corp. v. McKelvey

554 So. 2d 661, 1990 Fla. App. LEXIS 2, 1990 WL 79

District Court of Appeal of Florida | Filed: Jan 2, 1990 | Docket: 64647276

Published

benefits to be paid to the employee as required by section 440.39(3)(a), Florida Statutes (1983), and Aetna Ins

Trucking v. Corbitt

546 So. 2d 1185, 14 Fla. L. Weekly 1837, 1989 Fla. App. LEXIS 4356, 1989 WL 85724

District Court of Appeal of Florida | Filed: Aug 3, 1989 | Docket: 64643967

Published

the fact that the carrier did not comply with section 440.39(3)(a), Florida Statutes (1985) and cite some

Tufco, Inc. v. Jernigan

533 So. 2d 325, 13 Fla. L. Weekly 2477, 1988 Fla. App. LEXIS 5016, 1988 WL 120315

District Court of Appeal of Florida | Filed: Nov 10, 1988 | Docket: 64638306

Published

this equitable distribution case brought under section 440.39(3)(a), Florida Statutes (1985), the workers’

Perez v. Pennsuco Cement & Aggregates

529 So. 2d 1259, 13 Fla. L. Weekly 1976, 1988 Fla. App. LEXIS 3726, 1988 WL 86477

District Court of Appeal of Florida | Filed: Aug 23, 1988 | Docket: 64636495

Published

Tampa, 306 So.2d 193, 193-94 (Fla. 2d DCA 1975); § 440.39(3)(a), Fla.Stat. (1971). But cf. Gangler v. South

Chambers v. Liberty Mutual Insurance Co.

511 So. 2d 608, 12 Fla. L. Weekly 1537, 1987 Fla. App. LEXIS 8986

District Court of Appeal of Florida | Filed: Jun 23, 1987 | Docket: 64628957

Published

assessing a workers’ compensation lien filed under section 440.39, Florida Statutes (1985), against the settlement

Nationwide Mutual Insurance Co. v. Jacoby

505 So. 2d 471, 12 Fla. L. Weekly 719, 1987 Fla. App. LEXIS 7139

District Court of Appeal of Florida | Filed: Mar 4, 1987 | Docket: 64626395

Published

compensation insurance carrier pursuant to section 440.39, Florida Statutes (1985), for workman’s compensation

Michigan Mutual Insurance v. Nikula

509 So. 2d 334, 12 Fla. L. Weekly 686, 1987 Fla. App. LEXIS 7099

District Court of Appeal of Florida | Filed: Mar 4, 1987 | Docket: 64628191

Published

IS THE LIEN REDUCTION CALCULATED PURSUANT TO SECTION 440.39(3)(A), FLORIDA STATUTES? ANSTEAD, J., and KLEIN

Division of Risk Management v. Nationwide Insurance Co.

504 So. 2d 11, 12 Fla. L. Weekly 135, 1986 Fla. App. LEXIS 11419

District Court of Appeal of Florida | Filed: Dec 31, 1986 | Docket: 64625872

Published

application of the statutory requirements of Section 440.39, Florida Statutes (1979), and reverse and remand

Urbanak v. Hinde

497 So. 2d 276, 11 Fla. L. Weekly 2124, 1986 Fla. App. LEXIS 9989

District Court of Appeal of Florida | Filed: Oct 7, 1986 | Docket: 64622843

Published

to the plaintiff, 5 U.S.C. § 8132 (1984); see § 440.39(2)-(4), Fla.Stat. (1983), to prevent double recovery

Urbanak v. Hinde

497 So. 2d 276, 11 Fla. L. Weekly 2124, 1986 Fla. App. LEXIS 9989

District Court of Appeal of Florida | Filed: Oct 7, 1986 | Docket: 64622843

Published

to the plaintiff, 5 U.S.C. § 8132 (1984); see § 440.39(2)-(4), Fla.Stat. (1983), to prevent double recovery

Continental Insurance Co. v. Coon

493 So. 2d 485, 11 Fla. L. Weekly 1533, 1986 Fla. App. LEXIS 8827

District Court of Appeal of Florida | Filed: Jul 11, 1986 | Docket: 64621322

Published

Coon’s injury and resulting death. Pursuant to section 440.39(3)(a), Florida Statutes (1981), Continental

Adjustco, Inc. v. Lewis

491 So. 2d 578, 11 Fla. L. Weekly 1376, 1986 Fla. App. LEXIS 8422

District Court of Appeal of Florida | Filed: Jun 20, 1986 | Docket: 64620674

Published

third-party tortfeasor. Appellants contend that section 440.39(3)(a), Florida Statutes (1979), entitles them

James E. Carley, M.D., P.A. v. Seibels, Bruce & Co.

488 So. 2d 140, 11 Fla. L. Weekly 1069, 1986 Fla. App. LEXIS 7722

District Court of Appeal of Florida | Filed: May 8, 1986 | Docket: 64619144

Published

the third-party tortfeasor” as required by section 440.-39(3)(b), Florida Statutes. We affirm the dismissal

Associated Home Health Agency, Inc. v. Lore

484 So. 2d 1389, 11 Fla. L. Weekly 740, 1986 Fla. App. LEXIS 7012

District Court of Appeal of Florida | Filed: Mar 26, 1986 | Docket: 64618044

Published

to include in the amount recoverable under section 440.39, Florida Statutes (1983), the amount paid by

Winn-Dixie Stores, Inc. v. Roca

480 So. 2d 171, 10 Fla. L. Weekly 2785, 1985 Fla. App. LEXIS 17317

District Court of Appeal of Florida | Filed: Dec 17, 1985 | Docket: 64616250

Published

employee subsequent to the second injury.1 See § 440.39(3)(a), Fla.Stat. (1979). Following a hearing,

C & T Erectors, Inc. v. Case

481 So. 2d 499, 10 Fla. L. Weekly 2708, 1985 Fla. App. LEXIS 17157

District Court of Appeal of Florida | Filed: Dec 4, 1985 | Docket: 64616627

Published

Chapter 440, Florida Statutes, and specifically section 440.39 of that statute. In 1981, during employment

Pantry Pride v. Hayes

477 So. 2d 20, 10 Fla. L. Weekly 2315, 1985 Fla. App. LEXIS 16200

District Court of Appeal of Florida | Filed: Oct 8, 1985 | Docket: 64614793

Published

DCA 1979); §§ 90.703, 90.704, Fla.Stat. (1983); § 440.39(3)(a), Fla.Stat. (1975); cf. Hewitt, Coleman &

City of Tallahassee v. Chambliss

470 So. 2d 43, 1985 Fla. App. LEXIS 13970, 10 Fla. L. Weekly 1227

District Court of Appeal of Florida | Filed: May 16, 1985 | Docket: 64612414

Published

Cham-bliss, for loss of consortium. Pursuant to § 440.39(3)(a), Florida Statutes (1979),1 the City of Tallahassee

Alexsis, Inc. v. Bryk

471 So. 2d 545, 10 Fla. L. Weekly 1106, 1985 Fla. App. LEXIS 13782

District Court of Appeal of Florida | Filed: May 1, 1985 | Docket: 64612738

Published

precise language of the statute in question, section 440.39(3)(a), Florida Statutes (1981),1 with the provision

Zurich Insurance Co. v. Martin

452 So. 2d 978, 1984 Fla. App. LEXIS 13692

District Court of Appeal of Florida | Filed: Jun 14, 1984 | Docket: 64605883

Published

trial court found and the parties agree that section 440.39(3)(a) and (b), Florida Statutes (1978), govern

American States Insurance Co. v. Woodard

433 So. 2d 20, 1983 Fla. App. LEXIS 20067

District Court of Appeal of Florida | Filed: Jun 10, 1983 | Docket: 64597576

Published

amount of the lien is supported by the evidence. Section 440.39(3)(a), Florida Statutes, is silent as to how

Continental Insurance v. Industrial Fire & Casualty Insurance

427 So. 2d 792, 1983 Fla. App. LEXIS 18814

District Court of Appeal of Florida | Filed: Mar 8, 1983 | Docket: 64595444

Published

lien was recorded as specifically required by Section 440.39(3)(a), Florida Statutes (1975).1 Cotton Belt

American States Insurance v. Johnson

426 So. 2d 1222, 1983 Fla. App. LEXIS 19040

District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 64595140

Published

determining the amount of its lien pursuant to Section 440.39, Florida Statutes (1979), and in failing to

State, Department of Health & Rehabilitative Services v. McConkey

421 So. 2d 29, 1982 Fla. App. LEXIS 21404

District Court of Appeal of Florida | Filed: Oct 20, 1982 | Docket: 64592928

Published

concurring in result only. I agree, pursuant to section 440.39(3)(a), Florida Statutes (1978), that an employer

Kimbrell v. Paige

422 So. 2d 902, 1982 Fla. App. LEXIS 22141

District Court of Appeal of Florida | Filed: Sep 22, 1982 | Docket: 64593714

Published

Court as one of great public interest: Does Section 440.39(4), Florida Statutes (1981), bar a separate

Maryland Casualty Insurance v. Reeves

418 So. 2d 1257, 1982 Fla. App. LEXIS 21499

District Court of Appeal of Florida | Filed: Sep 8, 1982 | Docket: 64591960

Published

determination of the trial court made pursuant to Section 440.39(3)(a), Florida Statutes (1981). The operable

Medical Personnel Pool, Inc. v. Eady

416 So. 2d 38, 1982 Fla. App. LEXIS 20916

District Court of Appeal of Florida | Filed: Jun 30, 1982 | Docket: 64590924

Published

order for equitable distribution pursuant to section 440.-39(3)(a), Florida Statutes (1975).1 We reverse

Caravasios v. M. W. Spates Construction

414 So. 2d 245, 1982 Fla. App. LEXIS 20062

District Court of Appeal of Florida | Filed: May 11, 1982 | Docket: 64590081

Published

where the *247carrier seeks reimbursement. (3) Section 440.39, Florida Statutes (1975), permits reimbursement

White v. City of Jacksonville

413 So. 2d 95, 1982 Fla. App. LEXIS 19752

District Court of Appeal of Florida | Filed: Apr 8, 1982 | Docket: 64589579

Published

to the settlement of a personal injury suit. Section 440.39(3)(a), Fla.Stat. (1977). Appellant asserts

Florida Department of Corrections v. Carro

410 So. 2d 629, 1982 Fla. App. LEXIS 19395

District Court of Appeal of Florida | Filed: Mar 4, 1982 | Docket: 64588278

Published

third party tortfeasor was settled and the E/C’s § 440.39, Fla.Stat. lien was satisfied. The claimant then

Peninsular Life Insurance v. Picklesimer

402 So. 2d 1326, 1981 Fla. App. LEXIS 20911

District Court of Appeal of Florida | Filed: Aug 26, 1981 | Docket: 64584843

Published

equitable distribution which it claimed under Section 440.39(3)(a), Florida Statutes (1977). We reverse

Cotton Belt Insurance Co. v. Travelers Insurance Co.

402 So. 2d 69, 1981 Fla. App. LEXIS 20748

District Court of Appeal of Florida | Filed: Aug 12, 1981 | Docket: 64584550

Published

pro rata distribution hearing occurred under Section 440.-39(3)(a), Florida Statutes (1977). On January

Travelers Indemnity Co. v. Jacobs

402 So. 2d 1261, 1981 Fla. App. LEXIS 20719

District Court of Appeal of Florida | Filed: Aug 11, 1981 | Docket: 64584822

Published

eligibility for the maximum recovery provided by section 440.39(3)(a), Florida Statutes (1975). Travelers also

Tohn v. Montgomery Elevator Co.

400 So. 2d 1061, 1981 Fla. App. LEXIS 20403

District Court of Appeal of Florida | Filed: Jun 30, 1981 | Docket: 64583835

Published

motion for equitable distribution pursuant to Section 440.39(3)(a), Florida Statutes (1977) then in existence

Tohn v. Montgomery Elevator Co.

400 So. 2d 1061, 1981 Fla. App. LEXIS 20403

District Court of Appeal of Florida | Filed: Jun 30, 1981 | Docket: 64583835

Published

motion for equitable distribution pursuant to Section 440.39(3)(a), Florida Statutes (1977) then in existence

City of Miami v. Dalrymple

395 So. 2d 1264, 1981 Fla. App. LEXIS 28294

District Court of Appeal of Florida | Filed: Mar 31, 1981 | Docket: 64581330

Published

Brothers, 384 So.2d 1302 (Fla.4th DCA 1980); Section 440.39(3)(a), Florida Statutes (1977).

United States Fidelity & Guaranty Co. v. Bryant

392 So. 2d 378, 1981 Fla. App. LEXIS 18873

District Court of Appeal of Florida | Filed: Jan 16, 1981 | Docket: 64579614

Published

Judge. At issue on USF&G’s appeal is whether Section 440.39(3)(a), Florida Statutes (1977), since amended

Safeco Ins. Co. v. Sarkisian

389 So. 2d 1088

District Court of Appeal of Florida | Filed: Nov 5, 1980 | Docket: 1683016

Published

Safeco $8,000.00. The operative statute is Section 440.39(3)(a), Florida Statutes (1975).[1] It provides

City of West Palm Beach v. Mann

387 So. 2d 531, 1980 Fla. App. LEXIS 17123

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64577908

Published

equitable distribution to appellant pursuant to Section 440.39(3), Florida Statutes (1979), which motion was

Continental Insurance v. Castora

385 So. 2d 175, 1980 Fla. App. LEXIS 16637

District Court of Appeal of Florida | Filed: Jul 2, 1980 | Docket: 64576909

Published

a personal injury settlement as provided by Section 440.39(3)(a), Florida Statutes (1975). The Circuit

Gangler v. South Florida Crane Service

385 So. 2d 153, 1980 Fla. App. LEXIS 16588

District Court of Appeal of Florida | Filed: Jun 25, 1980 | Docket: 64576893

Published

compensation insurer under the provisions of Section 440.39(3)(a), Florida Statutes (1975) include future

Metropolitan Dade County v. Taddia

378 So. 2d 804, 1980 Fla. App. LEXIS 16095

District Court of Appeal of Florida | Filed: Mar 4, 1980 | Docket: 64573684

Published

the applicable law, reversal is necessary. Section 440.39, Florida Statutes (1975) states: “(1) If an

Metropolitan Dade County v. Taddia

378 So. 2d 804, 1980 Fla. App. LEXIS 16095

District Court of Appeal of Florida | Filed: Mar 4, 1980 | Docket: 64573684

Published

the applicable law, reversal is necessary. Section 440.39, Florida Statutes (1975) states: “(1) If an

Aetna Insurance v. Harter

379 So. 2d 1019, 1980 Fla. App. LEXIS 15549

District Court of Appeal of Florida | Filed: Feb 13, 1980 | Docket: 64574278

Published

motion for equitable distribution filed under Section 440.39(3), Florida Statutes (1975).1 Aetna appeals

Publix Super Markets, Inc. v. Gomis

379 So. 2d 130, 1979 Fla. App. LEXIS 16319

District Court of Appeal of Florida | Filed: Dec 18, 1979 | Docket: 64573998

Published

value of his injuries. Therefore, pursuant to Section 440.39(3)(a), Florida Statutes (1975), the employer

Lumbermens Mutual Casualty Co. v. Simon

375 So. 2d 894, 1979 Fla. App. LEXIS 15605

District Court of Appeal of Florida | Filed: Oct 17, 1979 | Docket: 64572268

Published

from an order of equitable distribution under Section 440.39(3)(a) of the Florida Workmen’s Compensation

Morris v. Bryan & Fletcher, Inc.

373 So. 2d 407, 1979 Fla. App. LEXIS 15232

District Court of Appeal of Florida | Filed: Jul 25, 1979 | Docket: 64571208

Published

remedies against third party tort-feasors. Section 440.39 (Fla.Stat.1971). Prior to the 1978 amendment

Publix Super Markets, Inc. v. Gomis

367 So. 2d 722, 1979 Fla. App. LEXIS 14471

District Court of Appeal of Florida | Filed: Feb 20, 1979 | Docket: 64568626

Published

SCHWARTZ, Judge. The plaintiff did not, as Section 440-39(3)(a), Florida Statutes (1975) requires, sustain

Liberty Mutual Insurance v. Williams

356 So. 2d 54, 1978 Fla. App. LEXIS 15111

District Court of Appeal of Florida | Filed: Mar 14, 1978 | Docket: 64563316

Published

proceeding for equitable distribution, pursuant to Section 440.39, Florida Statutes (1975). We have considered

Ohio Casualty Group v. Parrish ex rel. Parrish

338 So. 2d 910, 1976 Fla. App. LEXIS 15786

District Court of Appeal of Florida | Filed: Nov 2, 1976 | Docket: 64555635

Published

appellant. On January 26, 1971, pursuant to Section 440.-39, Florida Statutes (1971), a Notice of *911Workmen’s

Rhines v. Ploof Transfer Company, Inc.

313 So. 2d 791, 1975 Fla. App. LEXIS 13775

District Court of Appeal of Florida | Filed: May 20, 1975 | Docket: 1509596

Published

upon to determine whether the provisions of F.S. 440.39(1) are applicable so as to allow the plaintiff

General Fire & Casualty Co. v. First National Bank of Tampa ex rel. Stasio

306 So. 2d 193, 1975 Fla. App. LEXIS 18739

District Court of Appeal of Florida | Filed: Jan 22, 1975 | Docket: 64543795

Published

reason that the trial court erroneously construed § 440.39(3)(a), F.S.1973, as limiting a carrier’s pro rata

Brown v. State Farm Mutual Automobile Insurance

281 So. 2d 364, 1973 Fla. App. LEXIS 7650

District Court of Appeal of Florida | Filed: Aug 15, 1973 | Docket: 64533800

Published

an injured employee by enacting (3) (b) of F.S. § 440.39 in 1959, F.S.A. This section attempted to insure

Maryland Casualty Company v. Smith

272 So. 2d 517, 1973 Fla. LEXIS 4900

Supreme Court of Florida | Filed: Jan 17, 1973 | Docket: 1755002

Published

in conflict is whether or not under Fla. Stat. § 440.39, F.S.A., settlement without notice by an employee

Gulf American Fire & Casualty Co. v. Singleton

265 So. 2d 720, 1972 Fla. App. LEXIS 6454

District Court of Appeal of Florida | Filed: May 17, 1972 | Docket: 64527294

Published

McBee Co., Fla.1955, 77 So.2d 796, construing Fla.Stat. 440.39 (1971), F.S.A., a statute which has been amended

Ohio Casualty Group v. Parrish

260 So. 2d 550, 1972 Fla. App. LEXIS 6995

District Court of Appeal of Florida | Filed: Apr 4, 1972 | Docket: 64525343

Published

injury settlement agreement pursuant to Fla. Stat. § 440.39, F.S.A. The appellant is the workmen’s compensation

Del-Cook Trucking Co. v. Bristol

253 So. 2d 148, 1971 Fla. App. LEXIS 5838

District Court of Appeal of Florida | Filed: Sep 9, 1971 | Docket: 64522390

Published

husband, the trial court provided: “Pursuant to Section 440.39, Florida Statutes (F.S.A.), the employer, DEL-COOK

Metropolitan Dade County Transit Authority v. Edwards

247 So. 2d 775, 1971 Fla. App. LEXIS 6744

District Court of Appeal of Florida | Filed: May 18, 1971 | Docket: 64520316

Published

denying equitable subrogation pursuant to F.S. § 440.39, F.S.A. The trial judge assigned an incorrect

Maryland Casualty Co. v. Smith

247 So. 2d 526, 1971 Fla. App. LEXIS 6705

District Court of Appeal of Florida | Filed: May 4, 1971 | Docket: 64520212

Published

could have done in the second year under F.S. § 440.39(4) (a), F.S.A., the employee settled his claim

Aetna Casualty & Surety Co. v. Bortz

246 So. 2d 114, 1971 Fla. App. LEXIS 6760

District Court of Appeal of Florida | Filed: Mar 2, 1971 | Docket: 64519662

Published

an employee covered by the carrier, pursuant to § 440.39(4) (a), Fla.Stat., F.S.A. Cf. Ch. 70-148, § 6

Jackson v. Singer

221 So. 2d 783, 1969 Fla. App. LEXIS 5981

District Court of Appeal of Florida | Filed: Apr 15, 1969 | Docket: 64509502

Published

settlement with a third party tort-feasor. See § 440.39, Fla.Stat., F.S.A. Appellant urges that the trial

Home Indemnity Co. v. Aldecks Co.

220 So. 2d 425, 1969 Fla. App. LEXIS 6051

District Court of Appeal of Florida | Filed: Mar 25, 1969 | Docket: 64508991

Published

Company v. Vaughn, Fla. App. 1966, 189 So.2d 536; § 440.39(3) (b), Fla.Stat, F.S.A.

Jersey Insurance Co. of New York v. Cuttriss

220 So. 2d 15, 1969 Fla. App. LEXIS 5991

District Court of Appeal of Florida | Filed: Mar 11, 1969 | Docket: 64508857

Published

against a third party tort feasor pursuant to § 440.39, Fla.Stat., F.S.A. We reject this argument and

Reznick v. Schwartz

219 So. 2d 713, 1969 Fla. App. LEXIS 6196

District Court of Appeal of Florida | Filed: Mar 4, 1969 | Docket: 64508781

Published

majority that the “cause of action” referred to in § 440.39(3) (b), in fixing venue in the county where the

Malschick v. General Accident Group

214 So. 2d 51, 1968 Fla. App. LEXIS 4914

District Court of Appeal of Florida | Filed: Sep 24, 1968 | Docket: 64506696

Published

party tort feasor pursuant to the provisions of § 440.39(2) (4) (a), Fla.Stat., F.S.A. We hold that it

Maryland Casualty Co. v. Simmons

193 So. 2d 446, 1966 Fla. App. LEXIS 4761

District Court of Appeal of Florida | Filed: Dec 14, 1966 | Docket: 64499263

Published

determine the validity of the lien claimed under Section 440.39 Fla.Stats., F.S.A., by Maryland Casualty. The

Holley v. Wimpy

192 So. 2d 508, 1966 Fla. App. LEXIS 4652

District Court of Appeal of Florida | Filed: Dec 7, 1966 | Docket: 64498951

Published

tort-feasor under the provisions of § 440.39, Fla.Stats., F.S.A. Section 440.39 provides in part that an employee

Bituminous Casualty Corp. v. Florida Power & Light Co.

190 So. 2d 426, 1966 Fla. App. LEXIS 4916

District Court of Appeal of Florida | Filed: Sep 9, 1966 | Docket: 64498183

Published

settlement proceeds. The trial court construed F.S.A.' § 440.39(3) (b) to mean that, where an injured employee

American Mutual Liability Insurance v. City of West Palm Beach

185 So. 2d 174, 1966 Fla. App. LEXIS 5233

District Court of Appeal of Florida | Filed: Apr 14, 1966 | Docket: 64496394

Published

workmen’s compensation insurance carrier under F.S.A. § 440.39(4) to recover damages for personal injuries sustained

Cuyler v. Elliott

182 So. 2d 55, 1965 Fla. App. LEXIS 3663

District Court of Appeal of Florida | Filed: Dec 27, 1965 | Docket: 64495256

Published

* *,’ lie # * ” The court further noted' that § 440.39(1)-expressly preserves to an injured employee-a

McAdams v. Armored Car Service of Florida

139 So. 2d 435, 1962 Fla. App. LEXIS 3481

District Court of Appeal of Florida | Filed: Apr 3, 1962 | Docket: 60202964

Published

compensation lienor an amount pursuant to subsection 3 of § 440.39, Fla.Stat.,F.S.A. as that section existed prior

London & Lancashire Insurance v. Fairfield

132 So. 2d 459

District Court of Appeal of Florida | Filed: Aug 30, 1961 | Docket: 60198207

Published

action arose. Subsection (3) (h) introduced into Section 440.39 in 1959 is the provision upon which appellant

Dade County v. Michigan Mutual Liability Co.

130 So. 2d 111, 1961 Fla. App. LEXIS 2739

District Court of Appeal of Florida | Filed: May 15, 1961 | Docket: 60197446

Published

subrogated compensation carrier, filed suit under section 440.39(4), Fla.Stat., F.S.A., as it existed in 1958

Aaron v. Florida Power & Light Co.

126 So. 2d 889

District Court of Appeal of Florida | Filed: Feb 20, 1961 | Docket: 60196707

Published

lien for future compensation benefits pursuant to § 440.39(3), Fla.Stat., F.S.A., effective July 1, 1959

Ruskin v. Travelers Insurance Co.

125 So. 2d 766, 1960 Fla. App. LEXIS 2254

District Court of Appeal of Florida | Filed: Dec 21, 1960 | Docket: 60196379

Published

Travelers Insurance Company, under authority of § 440.39, Florida Statutes, F.S.A., in its capacity as

Employers Insurance Co. v. Miller

121 So. 2d 813, 1960 Fla. App. LEXIS 2290

District Court of Appeal of Florida | Filed: Jul 21, 1960 | Docket: 60195271

Published

in an equitable distribution proceedings under § 440.-39, Fla.Stat., F.S.A., was an abuse of discretion

Brosnahan Construction Co. v. City of Miami Beach

121 So. 2d 827, 1960 Fla. App. LEXIS 2294

District Court of Appeal of Florida | Filed: Jul 14, 1960 | Docket: 60195289

Published

motion in the suit for pro rata distribution under § 440.39(3), Fla.Stat., F.S.A., was denied, on April 8

United States Casualty Co. v. Town of Palm Beach

119 So. 2d 800, 1960 Fla. App. LEXIS 2485

District Court of Appeal of Florida | Filed: Apr 8, 1960 | Docket: 60194771

Published

in its capacity as insurance carrier under section 440.39(4), Florida Statutes, F.S.A., to recover damages

United States Casualty Co. v. F. A. Johnson, Inc.

117 So. 2d 438

District Court of Appeal of Florida | Filed: Jan 22, 1960 | Docket: 60194163

Published

Thereafter plaintiff filed its lien pursuant to § 440.39, Florida Statutes, 1955, F.S.A., in certain suits

Bowman v. Atlanta Baggage & Cab Co.

176 F. Supp. 575, 1959 U.S. Dist. LEXIS 2826

District Court, N.D. Florida | Filed: Sep 21, 1959 | Docket: 66011982

Published

defendant filed a notice of lien under F.S. Section 440.39, F.S.A., for payment to plaintiff of compensation

United States Casualty Co. v. Hume ex rel. Hume

112 So. 2d 49, 1959 Fla. App. LEXIS 2907

District Court of Appeal of Florida | Filed: May 15, 1959 | Docket: 60192597

Published

determination is that the compensation carrier, under section 440.39, F.S.A., has no statutory remedy or recourse

Burdine's, Inc. v. Drennon

97 So. 2d 259

Supreme Court of Florida | Filed: Oct 2, 1957 | Docket: 64489486

Published

an order entered by the Circuit Judge under Section 440.39, Florida Statutes, F.S.A., making equitable

Arex Indemnity Co. v. Radin

77 So. 2d 839

Supreme Court of Florida | Filed: Feb 4, 1955 | Docket: 64486355

Published

the third-party tort-feasor as authorized by section 440.39(1) of the Act, the carrier filed in that action

Cushman Baking Co. v. Hoberman

74 So. 2d 69, 1954 Fla. LEXIS 1086

Supreme Court of Florida | Filed: Jul 20, 1954 | Docket: 64485904

Published

carrier or the employer as provided for by Section 440.39(3), F.S., F.S.A. There was no notice of any

Cullinane v. Crown Can Co.

24 So. 2d 5, 156 Fla. 652, 1945 Fla. LEXIS 958

Supreme Court of Florida | Filed: Dec 7, 1945 | Docket: 3268925

Published

considerable detail because of the provisions of Section 440.39, Florida Statutes, 1941, and F.S.A. (Sec. 39