3 Key Cases on Contribution in Florida

Key Cases

Under Fla. Stat. § 440.42(4), when there is any controversy as to which of two or more carriers is liable for the discharge of the obligations and duties of one or more employers with respect to a claim for compensation, remedial treatment, or other benefits under this chapter, the judge of compensation claims shall have jurisdiction to adjudicate such controversy; and if one of the carriers voluntarily or in compliance with a compensation order makes payments in discharge of such liability and it is finally determined that another carrier is liable for all or any part of such obligations and duties with respect to such claim, the carrier which has made payments either voluntarily or in compliance with a compensation order shall be entitled to reimbursement from the carrier finally determined liable, and the judge of compensation claims shall have jurisdiction to order such reimbursement; however, if the carrier finally determined liable can demonstrate that it has been prejudiced by lack of knowledge or notice of its potential liability, such reimbursement shall be only with respect to payments made after it had knowledge or notice of its potential liability.

Here are three key cases on the subject of multiple carriers and contribution.

Jeffrey's Steel v. Conibear Equip., Inc., 854 So.2d 268 (Fla. Dist. Ct. App. 2003). A carrier can obtain contribution pursuant to section 440.42(4) only if the carrier from which contribution is sought is liable to the claimant for payment of benefits. 

Medpartners/Diagnostic Clinic Med. Group, P.A. v. Zenith Ins. Co., 23 So.3d 202, (Fla. Dist. Ct. App. 2009). A carrier can obtain contribution pursuant to section 440.42(4) only if the carrier from which contribution is sought is liable to the claimant for payment of benefits.

 Jeffrey's Steel v. Conibear Equip., Inc., 854 So.2d 268 (Fla. Dist. Ct. App. 2003). Section 440.42(4) can be applied only when each of the contending employer/carriers is liable to the claimant for a portion of the benefits which have been determined under other provisions of chapter 440.

Practice Point

Carrier-to-carrier reimbursement under § 440.42(4) depends on claimant liability. If the other carrier is not liable for the claimant's benefits, no right of contribution exists.

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