Third DCA: Interest Awardable on WC Lien

The Third DCA has held that a workers' compensation carrier is entitled to interest on the benefits it has paid for the period of time after the claimant receives the settlement proceeds from his third-party liability claim until the amount of the carrier's lien is determined.  Nevertheless, no interest is payable for the period of time that the settlement proceeds remained in the claimant's attorney's trust account because interest accruing in that account is payable to the Florida Bar Foundation, Inc., not to the claimant.  Interest also should not be paid at the statutory rate set forth in §55.03, Fla. Stat., when the claimant himself did not receive interest at the statutory rate.  Riser v. Hartford Ins. Co.

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Third DCA: Amount of WC Carrier's Lien Depends Upon the "Full Value" of the Employee's Third Party Claim

Although the benefits provided by the Florida Workers' Compensation Act ordinarily are a Florida employee's "exclusive remedy" against his employer for workplace injuries, the employee retains his right to bring a tort action against any "third party tortfeasor" whose wrongful conduct caused those same injuries.  In order to prevent the employee from recovering twice for the same injuries in such cases, §440.39, Fla. Stat., provides that the employer (or its workers' compensation carrier) may assert a lien against the proceeds of any employee verdict against or settlement with the third party. Determining the amount of the carrier's lien in such cases - particularly in cases where the third-party action is settled before trial - often leads to confusion.

 

Luscomb v. Liberty Mutual Insurance Company, decided by the Third DCA on 10/17/ 2007, provides a good example.  Here's what happened:  Luscomb was seriously injured in an on-the-job accident while working for Raven Transport Company.  Liberty Mutual (Raven's workers' compensation insurance carrier) provided benefits to and on behalf of Luscomb on account of the accident.  In July 2003, Luscomb filed a tort claim against BJ's Wholesale Club and BJCR, Ltd., contending that their negligence was responsible for his injuries.  As it is required to do, Liberty Mutual filed a notice in that case of its workers' compensation lien. 

 

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