No. 61-459 | Fla. Dist. Ct. App. | Apr 3, 1962
This appeal is from the same order which was the subject of the appeal in Case No. 61-435, Workmen’s Compensation Lienor, Home Indemnity Company, as carrier, and Tri-City Septic Tank Company, as employer v. McAdams, Armored Car Service of Florida and Wesley Carl Knight, Fla.App., 139 So. 2d 433" date_filed="1962-04-03" court="Fla. Dist. Ct. App." case_name="Home Indemnity Co. v. McAdams">139 So.2d 433. The order appealed allotted to the workmen’s compensation lienor an amount pursuant to subsection 3 of § 440.39, Fla.Stat.,F.S.A. as that section existed prior to amendment in 1959. The employee-plaintiff, being dissatisfied with the amount awarded the workmen’s compensation lienor, has prosecuted this appeal.
The employee contends that having correctly decided that the insurance carrier could not recover under subsection 4 of § 440.39, Fla.Stat.,F.S.A., the trial judge then incorrectly determined that the carrier had rights under subsection 3. In appeal No. 61-435 we held that the trial judge correctly found that subsection 3 was applicable; thereby affirmance of the same order is required upon this appeal.
Affirmed.