Trucking v. Corbitt
Docket: No. 88-2251
Court: District Court of Appeal of Florida; August 3, 1989; Florida; State Appellate Court
An appeal was made regarding an order that denied a worker’s compensation carrier's claim of lien and payment. The court quashed the order and remanded it for recognition of the carrier's lien rights and proper payment. The case stemmed from a wrongful death lawsuit filed by the widow and estate of Odis Dudley Corbitt against a tortfeasor, with the worker’s compensation carrier, Aetna Life and Casualty Company, asserting a right to a portion of the settlement proceeds. After a settlement was reached, the plaintiffs filed a motion for equitable distribution of benefits. Key points include: 1. The plaintiffs filed a wrongful death action against North American Van Lines and others. 2. A settlement was approved by the court on April 22, 1987. 3. Aetna notified the tortfeasor's insurance of their subrogation claim before the lawsuit, but did not disclose the claim amount. 4. A dispute arose regarding the lien for past and future benefits between the plaintiffs and the carrier. 5. The plaintiffs contended that the carrier did not comply with Florida Statutes section 440.39(3)(a) and cited cases involving earlier versions of the statute. 6. The court found that the plaintiffs’ failure to notify the carrier of the lawsuit precluded them from claiming a defense against the carrier's lien. 7. The court emphasized that the statutory requirement for notice is mandatory and that the carrier had sufficient notice of its interests. 8. The lien claimed by the carrier was deemed equitable, and the judge's failure to enforce it was deemed erroneous. The appellate court reversed the prior order and remanded for enforcement of the carrier's lien rights.