ORESTES G. ROSABAL, M.D., APPELLANT,
v.
LUIS ARZA AND NORMA ARZA, APPELLEES
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PER CURIAM.
These consolidated appeals are taken from a final judgment and post-trial rulings entered in favor of the appellees in an action for malpractice against the appellant.
It is appellant’s sole contention on appeal that the trial court erred in failing to set-off from the amount of the verdict workers’ compensation benefits paid to or on behalf of plaintiff Luis Arza. We agree and remand the cause to the trial court with directions to (a) modify the final judgment by granting appellant a set-off from the jury’s award of the amounts paid to Luis Arza as workers’ compensation benefits, section 768.50, Florida Statutes (1983), and (b) strike the notice of workers’ compensation lien filed pursuant to section 440.39, Florida Statutes (1983), by plaintiff’s employer and its workers’ compensation carrier against plaintiff’s recovery. American Motorists Insurance Co. v. Coll, 479 So. 2d 156 (Fla. 3d DCA 1985), review denied, 488 So. 2d 829 (Fla.1986);1 § 768.50, Fla.Stat. (1983).
Upon the effective amendment of the judgment and striking of the notice of lien, the judgment shall stand affirmed, as amended.
Remanded, with directions.
. American Motorists Insurance Co. was decided during the pendency of this appeal.
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Am. Mut. Ins. Co. v. Decker, 518 So. 2d 315 (Fla. 2d DCA 1987)…ANAHY, C.J., and LEHAN,* J., concur. . In the time since the trial courts’ decisions, the third district has followed Coll in at least two other instances. Chambers v. Liberty Mutual Insurance Co., 511 So. 2d 608 (Fla. 3d DCA 1987); Rosabal v. Ana, 495 So. 2d 846 (Fla. 3d DCA 1986). . In 1986 the legislature repealed section 768.50, see Ch. 86-160, § 68, Laws of Florida, and replaced it with section 768.76(4), which provides: A provider of collateral sources that has a right of subrogation shall have a rig…
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Marriott In-Flight Servs. v. Arza, 528 So. 2d 135 (Fla. 3d DCA 1988)…course of the plaintiff’s employment, although entered in accordance with the then controlling decisions in American Motorists Ins. Co. v. Coll, 479 So. 2d 156 (Fla. 3d DCA 1985), review denied, 488 So. 2d 829 (Fla.1986), and Rosabal [*136] v. Arza, 495 So. 2d 846 (Fla. 3d DCA 1986), is reversed on the authority of the recent decision of the supreme court in Liberty Mut. Ins. Co. v. Chambers, 526 So. 2d 66 (Fla.1988). In accordance with Chambers, the order below is reversed and the cause remanded with directi…
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Chambers v. Liberty Mut. Ins. Co., 511 So. 2d 608 (Fla. 3d DCA 1987)…Statutes (1985), as interpreted in American Motorist Insurance Co. v. Coll, 479 So. 2d 156 (Fla. 3d DCA 1985), review denied, 488 So. 2d 829 (Fla.1986), and is therefore reversed with directions to strike the notice of lien. Accord Rosabal v. Arza, 495 So. 2d 846 (Fla. 3d DCA 1986). The carrier’s present contention that the rule in Coll applies only to judgments and not settlements is frivolous. See Coll, 479 So. 2d at 156; Rosabal, 495 So. 2d at 846; § 768.-50(4). We consider, in the light of the clearly…
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- Cook v. McADAM, 479 So. 2d 156 (Fla. 3d DCA 1985)