Hartford Ins. Co. v. Goff

• Decision Date: 13 March 2009
• Docket Number: No. 2D08-1307.,2D08-1307.
• Citation: 4 So.3d 770
• Parties: The HARTFORD INSURANCE COMPANY, Appellant, v. Gregory Allen GOFF, Sr., as Survivor and Personal Representative of the Estate of Gregory Allen Goff, Jr., deceased, Conquest Development USA, L.L.C., a Florida Limited Liability Corporation, Irrigation Masters of South Florida, Inc., a Florida Corporation, and Michael Belyea, individually, and in his capacity as owner, director, officer, and supervisor at Irrigation Masters of South Florida, Inc., a Florida Corporation, Appellees.
• Court: Florida District Court of Appeals

4 So.3d 770

The HARTFORD INSURANCE COMPANY, Appellant, v. Gregory Allen GOFF, Sr., as Survivor and Personal Representative of the Estate of Gregory Allen Goff, Jr., deceased, Conquest Development USA, L.L.C., a Florida Limited Liability Corporation, Irrigation Masters of South Florida, Inc., a Florida Corporation, and Michael Belyea, individually, and in his capacity as owner, director, officer, and supervisor at Irrigation Masters of South Florida, Inc., a Florida Corporation, Appellees.

No. 2D08-1307.

District Court of Appeal of Florida, Second District.

March 13, 2009.

Anthony J. Russo and George A. McMullin of Butler Pappas Weihmuller Katz Craig LLP, Tampa, for Appellant.

Colleen J. MacAlister of Colleen J. MacAlister, P.A., Naples, for Appellee Gregory Allen Goff, Sr.

No appearance for remaining Appellees.

BAUMANN, HERBERT J., JR., Associate Judge.

The Hartford Insurance Company ("Hartford") appeals an order determining that it has no right to assert a workers' compensation lien on settlement proceeds recovered in a wrongful death action. The personal representative of the estate of Gregory Allen Goff, Jr. ("the Estate"), brought the wrongful death action on behalf of the Estate and on behalf of the survivors of Gregory Allen Goff, Jr. Because we conclude that Hartford has a right to attempt to establish its lien against the proceeds attributable to the Estate's claims in that action, we reverse and remand for further proceedings.

On April 26, 2000, Gregory Allen Goff, Jr., was severely injured in a work-related accident while in the course and scope of his employment with Irrigation Masters of South Florida, Inc. ("Irrigation Masters"). As a result, Hartford, Irrigation Masters' workers' compensation carrier, paid workers' compensation benefits to Mr. Goff totaling $365,853.92. Mr. Goff was single and had no children.

On February 15, 2002, Mr. Goff filed a personal injury action with respect to his work-related accident against Irrigation Masters; Conquest Development USA, L.L.C. ("Conquest"), a contractor involved in the project on which he was injured; and Michael Belyea, the owner of Irrigation Masters. Hartford filed a notice of payment of workers' compensation benefits in that action pursuant to section 440.39(3)(a), Florida Statutes (2001), thereby asserting its lien against any proceeds Mr. Goff recovered in that action.

On June 26, 2003, Mr. Goff died from his injuries before his personal injury action went to trial. Thereafter, the personal representative of the Estate, Gregory Allen Goff, Sr., filed a third-amended complaint pursuant to section 768.21, Florida Statutes (2001),¹ asserting claims on behalf of the Estate, including a claim for loss of earnings, and claims on behalf of the survivors, the parents of Gregory Allen Goff, Jr. Ultimately, the personal representative settled the claims against Conquest for $250,000 and the claims against Irrigation Masters and Mr. Belyea for $100,000. As a condition of those settlements, the personal representative released the defendants from liability for all claims arising from Mr. Goff's work accident. The personal representative specifically agreed to satisfy any existing workers' compensation lien from the settlement proceeds and to indemnify the defendants with respect to any such lien.

Hartford contends it has a right to assert a lien pursuant to section 440.39(3)(a), which provides in pertinent part as follows:

In all claims or actions at law against a third-party tortfeasor, the employee, or his or her dependents or those entitled by law to sue in the event he or she is deceased, shall sue for the employee individually and for the use and benefit of the employer, if a self-insurer, or employer's insurance carrier, in the event compensation benefits are claimed or paid; and such suit may be brought in the name of the employee, or his or her dependents or those entitled by law to sue in the event he or she is deceased, as plaintiff or, at the option of such plaintiff, may be brought in the name of such plaintiff and for the use and benefit of the employer or insurance carrier, as the case may be. Upon suit being filed, the employer or the insurance carrier, as the case may be, may file in the suit a notice of payment of compensation and medical benefits to the employee or his or her dependents, which notice shall constitute a lien upon any judgment or settlement recovered to the extent that the court may determine to be their pro rata share for compensation and medical benefits paid or to be paid under the provisions of this law, less their pro rata share of all court costs expended by the plaintiff in the prosecution of the suit including reasonable attorney's fees for the plaintiff's attorney.

(Emphasis added.) Thus, section 440.39(3)(a) permits a workers' compensation carrier to assert a lien with respect to benefits it has paid on behalf of an injured...