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to determine the Employer's future subrogation interest in the
form of applicable offsets against any future compensation
benefits to be paid, under and in accordance with Section 440.39,
Florida Statutes, should the Deputy Commissioner's finding that
the Plaintiff is entitled to compensation benefits be affirmed
on appeal. See American States Insurance Company vs. Johnson,
426 So. 2d 1222 (4th DCA, 1983). Finally, the Employer moved
ore tenus for leave to intervene as a party defendant for the
specific purpose of making the determination set forth above,
and this Court finds that such intervention would be appropriate.
Accordingly, it is thereupon,
ORDERED and ADJUDGED as follows:
1. The Plaintiffs' Motion for Equitable Distribution be,
and the same is hereby taken under advisement, pending determi-
nation of the Plaintiffs' workers' compensation claim on appeal;
and jurisdiction of this action be, and the same is hereby
reserved for the purpose of making a determination under and
in accordance with Section 440.39, Florida Statutes, with
regard to the Employer's subrogation entitlement for future
compensation henef its.
2. The Plaintiffs, EARL CHARLES and EUNICE CHARLES, his
wife, be, and the same are hereby authorized to accept the
R lump sum settlement from the Defendant, KENNETH THOMAS SCOTT,
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in the amount of $80,000.00; to execute such releases as said
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! Defendant shall require and to dismiss said Defendant as a
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~ party to this action, with prejudice; providing that nothir~g
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~ missal shall preaudice the claim of the Employer, DEP~RTMENT
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~ OF TRANSPORTATION OF THE STATE OF FLORIDA, with respect to its
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subrogation lien under Section 440.39, Florida Statutes.
¢ 3. The motion of the Employer, DEPARTMENT OF TRANSPORTATION
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~ OF THE STATE OF FLORIDA, to intervene as a party defendant, be,
~ and the same is hereby granted, under and in accordance with
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