Florida Injury Attorneys Blog
This firm maintains that it is critical to know if you have to repay a worker’s compensation lien from uninsured or underinsured motorist proceeds. Per the case of Volk V. Gallopo, 585 So. 2d 1163.(Fla. 1st DCA 1991), a workers’ compensation lien is only payable from the liability proceeds, not the uninsured motorist proceeds. See also Florida Statutes, Sections 440.39 (3)(a) and 627.727(1). The only exception is where the UM paid its money to replace the liability proceeds so it can subrogate against the tortfeasor. See Metrix South v. Rose, 758 So. 2d 1259 (Fla. 1st DCA 2000). The applicable statutes presently in effect are included for ready reference. Continue reading →