Case Law Update July 2024
Updated 8-5-24
Captain D’s LLC v. Unified Brands/Akins, ___So.3d___ (Fla. 6th DCA 7/12/24)
WC Liens/Equitable Distribution/Competent Evidence
The DCA reversed the trial judge’s reduction of an employer’s full value of their WC lien on the employee’s third-party recovery. The parties appeared at an Equitable Apportionment hearing. The employer’s lien amount is to be determined pursuant to F.S. s. 440.39 and by the “Manfredo Formula,” which requires evidence regarding the alleged full value of the third-party case, and then the actual amount recovered by the plaintiff/claimant. The judge based the percentage reduction of the lien on unsworn testimony by the employee’s attorney that the full value was a million dollars. While expert testimony is not required (and the opinion states that had the attorney been sworn the evidence could have been considered) absent competent evidence, the case was remanded for recalculation of the lien.