The 2023 Florida Statutes (including Special Session C)
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. . . law to preserve evidence for injured laborer's claim against third-party tortfeasor based on section 440.39 . . .
. . . against the School Board and the timeliness of the lawsuit against it given the provisions of section 440.39 . . .
. . . The firm also filed a Notice of Lien pursuant to section 440.39(3)(a), Florida Statutes, in the tort . . . The lien was filed pursuant to section 440.39(3)(a), Fla. Stat. 8. . . .
. . . . § 440.39; Haw. Rev. Stat. § 386-8; Idaho Code Ann. § 72-223; Iowa Code § 85.22; Me.Rev.Stat. . . .
. . . styled as a subrogation claim, but now limited its request for damages to those available under section 440.39 . . . There was, however, no mention of damages on behalf of the carrier, subrogation rights, or section 440.39 . . . The defendants respond that the complaint violates sections 95.11 and 440.39 because it transformed the . . . Section 440.39, Florida Statutes (2000), provides: (4)(a) If the injured employee ... fail[s] to bring . . . Here, the carrier gave the plaintiff notice of its intent to initiate suit under section 440.39(4)(a) . . .
. . . . § 440.39(3)(a). . . .
. . . the Workers’ Compensation Law,: Brevard County had subrogation rights in these settlement proceeds, § 440.39 . . . But see § 440.39(2), Fla. . . .
. . . Stat. 440.39(7)). . . .
. . . Hartford filed a notice of payment of workers’ compensation benefits in that action pursuant to section 440.39 . . . Hartford contends it has a right to assert a lien pursuant to section 440.39(3)(a), which provides in . . . Thus, section 440.39(3)(a) permits a workers’ compensation carrier to assei’t a lien with respect to . . . conclude that Hartford should be given the opportunity to proceed to a hearing as contemplated by section 440.39 . . . its lien, as appropriate, against those proceeds attributable to the Estate as set forth in section 440.39 . . .
. . . ’ compensation benefits to Appellee for the paving machine injury, they are entitled, under section 440.39 . . . Because section 440.39 does not grant employers and their insurance carriers such a right, we affirm. . . . of the employee ... to the extent of the amount of compensation benefits paid or to be paid.... ” § 440.39 . . . There is no provision in section 440.39 specifically addressing any interest an E/C may have in a legal . . . Section 440.39 requires action on the part of E/Cs who wish to recoup their expenses. . . .
. . . that “a special employer using a laborer from a help supply services company has a duty under section 440.39 . . . We hold that Labor Finders had no duty under section 440.39(7) to acquire and preserve evidence that . . .
. . . that a special employer using a laborer from a help supply services company has a duty under section 440.39 . . . Citing section 440.39(7), Florida Statutes, Gayer argues that Fine Line had a statutory duty to preserve . . . Cambridge Integrated Servs., 888 So.2d 58, 61-62 (Fla. 4th DCA 2004) (recognizing that section 440.39 . . . The context of the disputed subsection (7) is section 440.39. . . . Additionally, the context of section 440.39(7) does not require another meaning to the term “employer . . .
. . . employer’s insurer, Hartford, ultimately settled the workers’ compensation claim and filed a section 440.39 . . . the extent of the amount of compensation benefits paid or to be paid [to the injured employee],...” § 440.39 . . .
. . . Appellants maintain that all four of these counts are founded on alleged violations of section 440.39 . . . Section 440.39(7), Florida Statutes (2006) part of the Worker’s Compensation Statute, imposes a duty . . . Section 440.39(7) states: (7) The employee, employer, and carrier have a duty to cooperate with each . . . The plaintiff in Yates filed a claim based on an alleged violation of section 440.39(7). . . . However, spoliation claims made pursuant to section 440.39(7) must still meet the elements of common . . .
. . . This ease turns on the application of section 440.39(3)(a), Florida Statutes, as in force on the date . . . Under section 440.39(4), Luscomb’s rights of action against third-party tortfeasors then reverted to . . . him, but subject to Liberty Mutual’s subrogation and lien rights as provided by section 440.39(2) and . . . The application of section 440.39(3)(a) is equally daunting. . . . Analysis Section 440.39(3)(a) has produced a continuing line of cases interpreting its daunting directives . . .
. . . we found for the first time in a different section of the Florida Workers’ Compensation Law, section 440.39 . . . the accident was “foreseeable,” if not inevitable, and hence the employer had a duty under section 440.39 . . . To the contrary, section 440.39(7) contemplates the employer and employee cooperating to seek their respective . . . See § 440.39(3), Fla. . . . Section .440.39(7) states: The employee, employer, and carrier have a duty to cooperate with each other . . .
. . . See § 440.39(3)(a), Fla. Stat. (2000). Jones, 932 So.2d at 1108. . . .
. . . additional claims Jimenez alleged against Rinker based on spoliation of evidence and a violation of section 440.39 . . .
. . . See § 440.39, Fla. Stat. (2000). . . . Section 440.39 of Florida’s workers’ compensation statute ensures both that litigants will not be allowed . . . See § 440.39, Fla. Stat. (2000). . . . See § 440.39(3)(a), Fla. Stat. (2000). . . . and other elements of damage not covered under the workers’ compensation statutory scheme, section 440.39 . . .
. . . See §§ 440.23 & 440.39(3)(a), Fla. Stat. (2004). Therefore, the JCC’s order is AFFIRMED. . . .
. . . See §§ 440.39(3)(a), 627.727(6), Fla. Stat. (2002). . . .
. . . following paragraph: We note that the trial court held that the only cause of action allowed by section 440.39 . . . Spoliation of evidence is simply one form of failing to cooperate under section 440.39(7). . . . evidence, and whether such evidence legally amounts to a failure to cooperate or spoliation within section 440.39 . . . In count I plaintiff alleged a statutory basis for suit against her husband’s employer under section 440.39 . . . documents and allowing inspection of premises, but only to the extent necessary for such purpose.” § 440.39 . . . We note that the trial court held that the only cause of action allowed by section 440.39(7) is a spoliation . . .
. . . Section 440.39(1), Florida Statutes (1997), allows injured employees to pursue tort claims against third . . . However, pursuant to section 440.39(2), the entity that paid the workers compensation benefits has statutory . . . Therefore, section 440.39(3)(a) requires the injured employee to serve a “notice of suit” upon the employer . . . Express and Canal Insurance seeking to impose a lien on the settlement proceeds pursuant to section 440.39 . . . We disagree- with the Fifth District’s opinion, because section 440.39 does not provide for equitable . . .
. . . wages and medical expenses made in lieu of compensation benefits prior to an award of compensation); § 440.39 . . .
. . . But an offset can be allowed to prevent double recovery, see § 440.39(3)(a), Fla. . . .
. . . . § 440.39(1), Fla. Stat. (2003). . . . . § 440.39(2), Fla. Stat. (2003). . . . .” § 440.39(3)(a), Fla. Stat. (2003). . . . the insurer would have a right to recover its pro rata share, subject to the provisions of section 440.39 . . . Under section 440.39, the insurer is entitled to recover such amounts realized from both the products . . . The insurer contended that pursuant to section 440.39(3)(a) it was entitled to recover from the employee . . . Section 440.39(1) provides that an employee who “is injured ... in the course of his or her employment . . . carrier becomes subrogated to a limited extent for the benefits paid or to be paid to the employee. § 440.39 . . . the disability or medical expenses resulting from an injury in the course of his or her employment. § 440.39 . . . Moreover, § 440.39(3) expressly provides that: the failure by the employer or carrier to comply with . . .
. . . carrier, filed a notice of lien for payment of compensation and medical benefits pursuant to section 440.39 . . . 627 So.2d 572, 573 (Fla. 2d DCA 1993), this court held, en banc, that the applicable statute, section 440.39 . . .
. . . Peoples Gas also urges that section 440.39, Florida Statutes, contained in the workers’ compensation . . . Section 440.39 of the Florida Workers’ Compensation Law provides for compensation to employees when third . . . the extent of the amount of compensation benefits paid or to be paid as provided by subsection (3). § 440.39 . . . in the prosecution of the suit including reasonable attorney’s fees for the plaintiffs attorney. § 440.39 . . .
. . . duty arose from HES’s agreement to maintain the ladder, while the statutory duty arose from section 440.39 . . . Mortimer, 689 So.2d 276 (Fla. 3d DCA 1995) (holding section 440.39(7) imposes duty to preserve evidence . . .
. . . against HES asserting, in part, a claim for spoliation of evidence and a claim for violation of section 440.39 . . .
. . . See § 440.39, Fla. Stat. (1997). . . . Therefore, Tiznado filed a motion to strike the lien, arguing that section 440.39 of the Florida Statutes . . . Section 440.39(3)(a) of the Florida Statutes (1997) provides that an insurer may file a notice of payment . . . Under section 440.39, once the insurer filed its notice of lien it was entitled to obtain a judicial . . . Section 440.39(2) of the Florida Statutes (1997) states, in pertinent part, "If the injured employee . . . Pursuant to section 440.39(2), Florida Statutes, this is a set-off case. . . .
. . . It was Goldman’s position that Zurich had the statutory authority, pursuant to section 440.39(3)(a), . . . Section 440.39, Florida Statutes (2000), creates a right of subrogation for the compensation carrier . . . Under section 440.39(2), If the injured employee or his or her dependents recovers from a third-party . . . See § 440.39(3)(a), Fla. Stat. (2000); see also Circle K Corp./AIG Claims Servs., Inc. v. . . . (emphasis added) § 440.39(3)(a), Fla. Stat. (2000). . . .
. . . ANALYSIS The question before us in this case is a narrow one: whether under section 440.39(3)(a), the . . . Section 440.39(3)(a), Florida Statutes provides in pertinent part as follows: Upon suit being filed, . . . When all of the parts of section 440.39(3)(a) are considered together, the construction that is most . . . See § 440.39(3)(a), Fla. Stat. (1977). . . . See § 440.39(3)(a), Fla. Stat. (1989). . . .
. . . in the prosecution of the suit including reasonable attorney’s fees for the plaintiffs attorney. § 440.39 . . . Absent a stipulation both as to entitlement to an offset and as to its amount, section 440.39, Florida . . . See § 440.39(1), Fla.Stat. (1987). . . . The section 440.39 provisions limit the amount of the compensation carrier’s set-off to its pro rata . . . Harborside Hosp., 634 So.2d 1129, 1130 (Fla. 1st DCA 1994) (construing § 440.39(3)(b), Fla. . . .
. . . See § 440.39(7), Fla. Stat. (1995); General Cinema Beverages of Miami, Inc. v. . . . a count for common law spoliation of evidence as well as a count claiming a violation of subsection 440.39 . . . The Complaint sets out a claim for Spoliation of Evidence and for Statutory Violations under section 440.39 . . .
. . . . § 440.39(3)(a) (West 1991); N.M. STAT. ANN. § 52-5-17(A) (West 1991). . . . ANN. § 440.39(3)(a); 820 ILL. COMP. STAT. 305/5(b); IOWA CODE ANN. § 85.22(1) (West 1996). . . . ANN. § 440.39(3)(a). . . . ANN. § 440.39(3)(a); N.M. STAT. . . .
. . . . § 440.39(3)(a) (West 1991); 820 Ill.CoMp.Stat. 30%(b) (West 1993); Iowa Code Ann. § 85.22(1) (West . . . Fla.Stat.Ann. § 440.39(3)(a) (emphasis added). . . .
. . . from the E/SA, Lombardi also filed a negligence action in the circuit court, as authorized by section 440.39 . . . See § 440.39(2)-(3), Fla. Stat. (1993). . . . Both parties rely on the same language in section 440.39(3)(a), Florida Statutes (1999), which under . . . Over the years, section 440.39(3)(a) has undergone a series of changes. See generally Reginald E. . . . Although this Court decided Norman under a prior version of section 440.39, neither the earlier statute . . .
. . . Section 440.39(3)(a), Florida Statutes (1997) states that in actions by the employee against a tortfeasor . . . The basis for the holding was that a plain reading of section 440.39(3)(a), Florida Statutes precludes . . . Since section 440.39(3)(a), Florida Statutes, provides that the workers’ compensation carrier shall recover . . .
. . . For example, section 440.39(3)(a), Florida Statutes (Supp.1996), provides workers’ compensation carriers . . .
. . . Under section 440.39(3)(a), once a suit is filed (and notice is sent to the employer) against a tortfeasor . . . Generally, section 440.39(3)(b) is designed to prevent settlement between an employee and tortfeasor . . . Section 440.39(3)(b) preserves an employer’s right to obtain equitable distribution if its provisions . . .
. . . requesting preservation of evidence in order to be held liable for spoliation of evidence under section 440.39 . . . See § 440.39(1), Fla. Stat. (1997). . . . See § 440.39(7), Fla. Stat. (1997). . . . recoup some of the compensation benefits paid from the employee’s third party judgment or settlement. § 440.39 . . .
. . . Under section 440.39(2), the E/SA then became subrogated to Lombardi’s rights against the homeowners . . . The appropriate notice was filed by the E/SA under section 440.39(3), establishing a lien on Lombardi . . . The E/SA maintains, however, that section 440.39 allows no such percentage restriction or cap. . . . See Nikula, 531 So.2d at 331 (quoting § 440.39(3), Fla. Stat. (1981)). . . . We cannot believe the legislature intended such a result in enacting section 440.39(3)(a). . . . Section 440.39, Fla. . . . Sec. 440.39, Fla. . . . Section 440.39, Florida Statutes (1993), provides in part: (1) If an employee, subject to the provisions . . . be paid to each by such third-party tortfeasor in accordance with the provisions of paragraph (a). § 440.39 . . .
. . . This is an appeal from the equitable distribution, pursuant to section 440.39, Florida Statutes (1997 . . . The relevant statute, section 440.39(3)(a), provides, in pertinent part: Upon suit being filed, the . . . .
. . . for damages against the employer, we agree with plaintiff that the declaratory action under section 440.39 . . . AFFIRMED in part; REVERSED and REMANDED for proceedings under section 440.39(7), Florida Statutes (1997 . . .
. . . For example, in worker’s compensation claims, subsection 440.39(3)(a), Florida Statutes (Supp.1996), . . .
. . . See § 440.39(3)(a), Fla. Stat. (1991). . . . the workers’ compensation laws make no provision for an award of interest in this context as section 440.39 . . .
. . . In exchange, the employer/self-insured expressly waives the right to a lien pursuant to § 440.39. . . .
. . . He asserted that subsection 440.39(7), Florida Statutes (1989), imposes a statutory duty on the employer . . . Subsection 440.39(7) provides: (7) The employee, employer, and carrier have a duty to cooperate with . . . Id. § 440.39(4)(a), Fla.Stat. (1989). . . . Id. § 440.39(4)(b). . . . Id. § 440.39(3)-(4). . . . .
. . . Because section 440.39(7), Florida Statutes (1993), provides that the employee, employer, and carrier . . . The language of section 440.39(7) is unambiguous and provides for a duty to cooperate in the investigation . . . the manufacturer and others as third-party tortfeasors, a clearly proper purpose pursuant to section 440.39 . . .
. . . The appellant then moved for equitable distribution pursuant to section 440.39, Florida Statutes (1993 . . . limit the lienor’s recovery to the amount of the appellant’s net tort recovery pursuant to section 440.39 . . .
. . . Under section 440.39, Florida Statutes, the worker’s compensation carrier is subrogated to the rights . . . of the employee to the extent of benefits recovered from the tort-feasor. § 440.39(2), Fla.Stat. (1993 . . . judgment or settlement recovery, to the extent the court determines the carrier’s pro rata share. § 440.39 . . .
. . . Our conclusion is buttressed by the related statutory provisions of section 440.39(1) which provide that . . . same time ... pursue his remedy by action at law or otherwise against [a] third-party tortfeasor.” § 440.39 . . . Duffell is entitled to pursue his claim against Lewis as expressly set forth in sections 440.11(1) and 440.39 . . .
. . . See § 440.39(2), Fla.Stat. (1993). . . .
. . . Northbrook has a lien, under the workers’ compensation law, chapter 440.39, Florida Statutes (1989), . . .
. . . AGC’s predecessor in interest filed a Notice Of Lien pursuant to section 440.39(3)(a), Florida Statutes . . . Section 440.39(3)(a) provides a means for a workers’ compensation carrier to recoup funds it has paid . . .
. . . Gleaves, 586 So.2d 458 (Fla. 1st DCA 1991); § 440.39(3)(b), Fla.Stat. . . .
. . . Sections 440.11 and 440.39 also read substantively the same as they did in 1941. . . .
. . . Section 440.39, Florida Statutes (1993), contains a detailed formulation of the employer/carrier’s subro-gation . . . CNS’s suit here seeks the right of full recovery against settlement proceeds, without any section 440.39 . . . providers to pursue claims against settlement proceeds, it could have expressly so stated in section 440.39 . . .
. . . Therefore, Andrews cannot be considered a third-party tort-feasor and be liable as such under section 440.39 . . . See § 440.39(1) Fla. Stat. (1991). . . . See § 440.39(1), Fla.Stat. (1991). . . .
. . . The court based its decision on section 440.39(3)(a), Florida Statutes (1991), which expressly states . . .
. . . benefits, for which the workers’ compensation insurer had a statutory subrogation right under section 440.39 . . . section 768.76(1) is not allowed due to the statutory subrogation right which pertains under section 440.39 . . . Under section 440.39(2), Florida Statutes, an employer or workers’ compensation insurer has a right of . . .
. . . Section 440.39(7), imposes a duty on the carrier to cooperate with the employee “in investigating and . . . Bondu, 484 So.2d 7 (Fla.1986), section 440.39(7), does not impose a-duty on a carrier to preserve and . . . We find that section 440.39(7), is “plain and unambiguous and it should be construed within its four . . .
. . . the worker’s compensation lien, “plus the amount of attorney’s fees and costs permitted by section 440.39 . . . from his PIP carrier the above-referenced “amount of attorney’s fees and costs permitted by section 440.39 . . .
. . . Section 440.39, Fla.Stat. (1989). . . . .
. . . Gwaltney sued the tortfeasor and Liberty Mutual filed a lien in that action pursuant to section 440.39 . . . The issue before us, quite simply, is whether the trial court has the discretion, under section 440.39 . . .
. . . Florida Worker’s Compensation Statute section 440.39(5) (1989), providing that settlement between the . . .
. . . third parties and obtained judgments against which CUI filed subrogation liens pursuant to section 440.39 . . . Section 440.39(3)(a) provides: In all claims or actions at law against a third-party tortfeasor, the . . . It appears to us that the use of the word "judgment" in section 440.39(3)(a) includes all of the rights . . .
. . . assuming jurisdiction to resolve the parties’ dispute over a third-party tort-feasor lien when section 440.39 . . .
. . . compute the equitable distribution rate as set forth in the workers’ compensation statute, section 440.39 . . . The language of section 440.39(3)(a) creates an equitable distribution formula to be applied when an . . . Furthermore, section 440.39(3)(a) does not provide for the inclusion in the equitable distribution formula . . . Section 440.39(3)(a) states, in pertinent part: In all claims or actions at law against a third-party . . . (emphasis added) Section 440.39(3)(a) provides that the workers’ compensation carrier shall recover from . . .
. . . Section 440.39 creates a right of subrogation for the compensation carrier in any action against a third . . . Actions by the employee are governed by section 440.39(3)(a) which provides in part: In all claims or . . . Section 440.39(3)(a) provides that notice of the employee’s suit shall be served upon the employer and . . .
. . . Co., 414 So.2d 245 (Fla. 3d DCA 1982), aff'd, 441 So.2d 1070 (Fla.1983); §§ 440.39(3)(a), 440.49, Fla.Stat . . .
. . . the worker’s compensation lien, “plus the amount of attorney’s fees and costs permitted by section 440.39 . . .
. . . reimbursement represented the compensation carrier’s pro rata share of attorney’s fees and costs under section 440.39 . . . benefits in the amount of $2,000 plus the amount' of attorney’s fees and costs permitted by section 440.39 . . . establish the compensation carrier’s pro rata share of attorney’s fees and costs pursuant to section 440.39 . . .
. . . . § 440.39(3)(a), Fla.Stat. (1983). . . .
. . . First, the 1981 version of Section 440.39(3)(a), Florida Statutes governs this case as to the pro rata . . . because of comparative negligence or because of limits of insurance coverage and collecti-bility.” § 440.39 . . . the carrier herein a pro rata share of the net proceeds of the said settlement at less than 100%, § 440.39 . . . committed two errors in calculating the pro rata share percentage due to the carrier herein under Section 440.39 . . . punitive damages, no less than compensatory damages, are part of “the full value of damages sustained,” § 440.39 . . .
. . . comparative negligence so as to warrant reduction of a worker’s compensation lien pursuant to section 440.39 . . .
. . . any event, ten days after that phone conversation, the appellants filed a lien pursuant to section 440.39 . . .
. . . Under section 440.39(3)(a), Florida Statutes (1983), a workers’ compensation carrier is entitled to a . . . The burden of proof will be upon the employee. § 440.39(3), Fla.Stat. (1983). . . . .
. . . Petitioner asserts that the order is not authorized under Section 440.39(7), Florida Statutes (1989), . . . It is the estate’s contention that Section 440.39(7), Florida Statutes (1989), requires the E/C to cooperate . . . potential claim against a third-party tortfeasor, Thus, the duty to cooperate set forth in section 440.39 . . . this case on the above bases, we do not consider other related issues such as: (1) whether Section 440.39 . . . See section 440.39(3)(a), in which the legislature acknowledged that an employer may not comply with . . . First, because the statute (Section 440.39(7), Florida Statutes (1989)), which requires the employee, . . . nor is there any recorded legislative interpretation of this subsection, which was added to section 440.39 . . . I consider that section 440.39(7) should be read in pari materia with both Florida Workers’ Compensation . . . , after considering rule 4.090(a) and section 440.30 in pari materia with the provisions of section 440.39 . . . I find nothing in section 440.39(3)(a) that weakens this statement. . . .
. . . Subsequently Birdsall (and its carrier FEISCO) filed a lien, pursuant to section 440.39(3)(a), Fla.Stat . . . Section 440.39(3)(a) allows the carrier to obtain a lien on Arone’s settlement proceeds. . . .
. . . . § 440.39(3)(a), Fla.Stat. (1983) (emphasis added). . . . Michigan Mutual Insurance, 531 So.2d 330 (Fla.1988), and held that the insurer, which, under section 440.39 . . . insurer filed a notice of lien for payment of compensation and medical benefits pursuant to section 440.39 . . . In construing section 440.39(3)(a), Florida Statutes (1981), we held that “the carrier’s lien shall be . . .
. . . years following the employee’s death, to either intervene in any pending litigation pursuant to Section 440.39 . . . , Florida Statutes (1953), or to institute an action itself pursuant to Section 440.39(4)(a), Florida . . .
. . . compensation lienor with offsets for future benefits to be paid to the employee as required by section 440.39 . . .
. . . See § 440.39(1), Fla.Stat. (1987). . . . The section 440.39 provisions limit the amount of the compensation carrier’s set-off to its pro rata . . . See § 440.39(3)(b), Fla.Stat. (1987). . . . entitled to a set off, to be determined by the trial court in accordance with the provisions of section 440.39 . . .
. . . Aetna’s right to a lien claiming the carrier failed to file a notice of that lien as permitted by § 440.39 . . . The legislature addressed this problem in 1959 with the addition of subsection (3)(b) to § 440.39, providing . . . Under section 440.39(3)(a), Florida Statutes (Supp.1986), the carrier’s pro-rata share of the injured . . . Section 440.39(3)(a), Florida Statutes (Supp 1986) provides in pertinent part: Upon suit being filed, . . .
. . . They raise as support for their position the fact that the carrier did not comply with section 440.39 . . . Section 440.39, Florida Statutes (1985) is long and in most parts not directly applicable to the decision . . . But given the two requirements at the end of section 440.39(3)(a), mentioned above, we are convinced . . .
. . . Insurer) thereafter filed a notice of lien for payment of compensation and medical benefits under § 440.39 . . . the process utilized by the trial court results from an incorrect interpretation and application of § 440.39 . . .
. . . In this equitable distribution case brought under section 440.39(3)(a), Florida Statutes (1985), the . . . Woodard, 433 So.2d 20 (Fla. 1st DCA 1983), we noted that section 440.39(3)(a) is silent as to how pro . . .
. . . The district court held that under paragraph 440.39(3)(a), Florida Statutes (1981), where a comparatively . . . WORKER’S DAMAGES — ALSO DETERMINED BY THE COURT-HOW IS THE LIEN REDUCTION CALCULATED PURSUANT TO SECTION 440.39 . . . Nikula then asked the trial court to determine the amount of the lien under paragraph 440.39(3)(a), Florida . . . because of comparative negligence or because of limits of insurance coverage and collecti-bility. § 440.39 . . . In summary, we answer the certified question by holding that, under paragraph 440.39(3)(a), where settlements . . .
. . . First Nat'l Bank of Tampa, 306 So.2d 193, 193-94 (Fla. 2d DCA 1975); § 440.39(3)(a), Fla.Stat. (1971) . . . 385 So.2d 153, 154 (Fla. 4th DCA 1980) (interpreting 1977 version of compensation lien statute); § 440.39 . . .
. . . 3d DCA 1986), the court below held that assessing a worker’s compensation lien filed under section 440.39 . . .
. . . Salisbury responds in her representative capacity, as clarified by reviewing Section 440.39(3)(a), Florida . . . non-duplication of recovery” provisions of Section 631.61 are in conflict with Section 627.7372 and Section 440.39 . . . to the secondary argument of the parties, this Court concludes that the lien provided for in Section 440.39 . . . of this reduction along with the attorney who does not receive compensation as provided in Section 440.39 . . .
. . . the statute regulating collateral sources of benefits in medical malpractice litigation, and section 440.39 . . . Within that backdrop, the workers’ compensation law, specifically section 440.39, Florida Statutes, expressly . . . See § 440.39, Fla.Stat. (1983). . . . of magnification of a work-connected injury by a third party tortfeasor is contemplated by section 440.39 . . . us in either the appellees’ briefs or oral arguments detracts from our determination that sections 440.39 . . .
. . . DeFourny subsequently moved to set aside the carrier’s section 440.39 lien. . . . With these two definitions in mind, we now examine the provisions of section 440.39. . . . See § 440.39(4)(a), Fla.Stat. (1981). . . . Since the clear legislative intent behind the section 440.39(3)(a) lien is to avoid a double recovery . . . See § 440.39(3)(a). . . .
. . . Section 440.39 of the Florida Workers’ Compensation Act allows an employer and its insurance carrier . . .
. . . Because we conclude that the trial court did not properly apply the formula set forth in Section 440.39 . . . and future benefits paid by it and apportion Brandt’s attorney’s fees and costs pursuant to Section 440.39 . . . Before Section 440.39 was amended in 1983 to expressly direct the proration of the employee’s attorney . . . See § 440.39(3)(a), Fla.Stat. (1983) (“Subject to this deduction [for the Employer’s pro rata share of . . . Because Section 440.39 utilizes the ratio of recovery costs to gross recovery to apportion attorney’s . . .
. . . narrow issue before us is the construction of a portion of Florida’s Worker’s Compensation Law, section 440.39 . . . In the case at bar, we agree with Continental that the proration requirement in section 440.39(3)(a) . . . Finally, we note that the overwhelming weight of authority supports the interpretation we accord section 440.39 . . . Section 440.39(3)(a), Florida Statutes (1985), which provides for worker’s compensation subrogation rights . . .
. . . The order below assessing a workers’ compensation lien filed under section 440.39, Florida Statutes ( . . .
. . . WORKER’S DAMAGES — ALSO DETERMINED BY THE COURT-HOW IS THE LIEN REDUCTION CALCULATED PURSUANT TO SECTION 440.39 . . . statute, governing how the carrier’s recovery on a workers’ compensation lien is prorated, is section 440.39 . . .