Calculation of a WC Insurer's Lien Amount - Liberty Mutual Insurance Co. v. Lee - February 7, 2025

February 7, 2025

The Sixth District Court of Appeal of Florida ruled that the calculation of a WC insurer's lien amount should be based on the entire amount of the WC benefits paid through the date of the equitable distribution.

In this case, a claimant settled a negligence claim against a third-party tortfeasor and sought to limit the WC insurer's lien to the amount of benefits paid up to the date of the settlement and not the later date of the equitable distribution.

The court reviewed Florida statute 440.39 providing, in part, that the carrier shall recover from the judgment or settlement a percentage of what it has paid.

The court concluded that excluding the amount of benefits paid between the date of the settlement and the date of the equitable distribution contravened the express directive of the statute.

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