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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT OF FLORIDA ,
IN AND FOR ST . LUCIE COUNTY
CASE NO.: ?7-32 CA
ALMA MINUS , and EARL 1NINUS ,
her husband ,
Plaintiff(s) , .
vs.
AETNA CASUALTY AND SURETY
COMPANY AND FT . PIERCE UTILITIES
AUTHORITY ,
I
Defendant(s) .
FINAL ORDER OF EQUITABLE DISTRIBUTION
This action was heard October 9, 1979, on Plaintiff's Motion for
Equitable Distribution . Plaintiff requests equitable distribution of a workmen's
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compensation lien filed by Liberty 119utual Insurance Company and Warren Laundry,
s
Inc .
The Court finds that the case of National Ben Franklin Tns . Co. v.
' Hall, 340 Sold 1269, (4th DCA 1976) is controlling. Under National Ben Franklin
Ins. Co. v. Hall the employer/carrier's pro rata share, pursuant to Section 440.39(3)
t
i Florida Statutes , equals (the percentage of recovery actually received by t~
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employee) X (actual recovery as reduced from full value of damages sustained
because of comparative negligence or because of .limits on insurance coverage and
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i collectibility/full value of damages sustained) X (amount paid and future benefits
~ to be paid by employer or carrier) .
Liberty Mutual Insurance Company , the workmen's compensation
carrier for the employer at the time of the injury, has paid r9rs. A7inus $40,057.00
in workmen's com ensation benefits includin medical benefits, which amount was
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stipulated to by the parties at the hearing . The amount of future compensation
~ benefits based upon a present compensation rate of $16.92 until Airs . I1linus reaches
f'f 62 and then on a compensation rate of $48.00 for the remainder of her life, reduced
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to present value, equals $34,037.00. The future compensation benefits and the
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benefits already paid for compensation and medical benefits total $74,094.00.
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