Nationwide Mutual Insurance Co. v. Jacoby

District Court of Appeal of Florida

Nationwide Mutual Insurance Co. v. Jacoby

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

CourtDistrict Court of Appeal of Florida

DecidedMarch 4, 1987

DocketNo. 86-1479

StatusPublished

This text of 505 So. 2d 471 (Nationwide Mutual Insurance Co. v. Jacoby) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nationwide Mutual Insurance Co. v. Jacoby, 505 So. 2d 471, 12 Fla. L. Weekly 719, 1987 Fla. App. LEXIS 7139 (Fla. Ct. App. 1987).

Pincite

Opinion

LEHAN, Judge.

We affirm the trial court’s ruling that the subrogation rights provided to a workman’s compensation insurance carrier pursuant to section 440.39, Florida Statutes (1985), for workman’s compensation benefits paid to an employee do not, under the terms of the statute, arise against a recovery by the employee from a third party tortfeasor when the employee was injured by the third party tortfeasor while not in the course of his employment.

We do not agree with appellant’s apparent argument that Continental Insurance Co. v. Castora, 385 So.2d 175 (Fla. 4th DCA 1980), says otherwise. It is true that in Castora the carrier’s subrogation rights were not allowed to be reduced by reason of an accident to the employee which was not in the course of his employment. But that case, in contrast to the case at hand and consistent with section 440.39, involved principally a carrier’s subrogation rights in a suit against a third party tortfeasor for injuries from an accident to the employee occurring in the course of his employment.

The argument that the carrier should have subrogation rights against the employee’s recovery for injuries suffered in an accident which did not occur in the course of his employment when injuries from that accident are aggravated by a work related injury is more properly addressed to the legislature. See Security Mutual Casualty Co. v. Grice, 172 So.2d 834 (Fla. 2d DCA 1965).

Affirmed.

SCHOONOVER, A.C.J., and • SANDERLIN, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

LEHAN, Judge.

We affirm the trial court’s ruling that the subrogation rights provided to a workman’s compensation insurance carrier pursuant to section 440.39, Florida Statutes (1985), for workman’s compensation benefits paid to an employee do not, under the terms of the statute, arise against a recovery by the employee from a third party tortfeasor when the employee was injured by the third party tortfeasor while not in the course of his employment.

We do not agree with appellant’s apparent argument that Continental Insurance Co. v. Castora, 385 So.2d 175 (Fla. 4th DCA 1980), says otherwise. It is true that in Castora the carrier’s subrogation rights were not allowed to be reduced by reason of an accident to the employee which was not in the course of his employment. But that case, in contrast to the case at hand and consistent with section 440.39, involved principally a carrier’s subrogation rights in a suit against a third party tortfeasor for injuries from an accident to the employee occurring in the course of his employment.

The argument that the carrier should have subrogation rights against the employee’s recovery for injuries suffered in an accident which did not occur in the course of his employment when injuries from that accident are aggravated by a work related injury is more properly addressed to the legislature. See Security Mutual Casualty Co. v. Grice, 172 So.2d 834 (Fla. 2d DCA 1965).

Affirmed.

SCHOONOVER, A.C.J., and • SANDERLIN, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

505 So. 2d 471, 12 Fla. L. Weekly 719, 1987 Fla. App. LEXIS 7139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nationwide-mutual-insurance-co-v-jacoby-fladistctapp-1987.

Opinion

Related

Cite This Page — Counsel Stack