Trial Court Errs in Excluding $300,000 From Carrier's Lien Recovery

A Florida appellate court on Friday overturned a decision by a trial court that limited a carrier's lien recovery to benefits paid through the date of the injured worker's third-party settlement, excluding more than $300,000 the carrier paid after the settlement was finalized. Section 440.39(3)(a) allows liens against judgments or settlement that a third party pays to an injured worker. The law allows employers and carriers to recover from the settlement 100% of what they've paid and 100% of future benefits, unless the injured worker demonstrates that he did not recover the f...