ANTHONY RODRIGUEZ, APPELLANT,

v.

PASTEUR HEALTH PLAN HMO, INC., APPELLEE

Citator

Cited By

• Wright v. Douglas N. Higgins, Inc., 617 So. 2d 460 (Fla. 3d DCA 1993)
  …proceedings consistent herewith. As established in prior decisions, the insurance carrier is entitled to a setoff against any recovery that the plaintiff may realize, in order to compensate the carrier for benefits paid. See Alvarado v. Manro, Inc., 550 So. 2d 1174 (Fla. 3d DCA 1989); Velez v. Oxford Development Co., 457 So. 2d at 1390. The plaintiff cannot, of course, continue to receive worker’s compensation benefits subsequent to the filing of the tort suit. Reversed and remanded. . A supervisory clearanc…
• Chittenden v. Fla. Power & Light Co., 600 So. 2d 571 (Fla. 3d DCA 1992)
  …ding conflicts between the affidavits and depositions before the trial court, we hold that there remain genuine issues of material fact on the special employment question and that entry of summary judgment was inappropriate. Alvarado v. Manro, Inc., 550 So. 2d 1174 (Fla. 3d DCA 1989). Therefore, we reverse and remand to the trial court for further proceedings. Reversed and remanded.…
• Holder v. Waldrop, 654 So. 2d 1059 (Fla. 1st DCA 1995)
  …, the summary judgment granted below must be reversed. As established by prior ease law, the carrier is entitled to a set off against any recovery that Holder may realize in order to compensate the carrier for benefits paid. Alvarado v. Manro, Inc., 550 So. 2d 1174 (Fla. 3d DCA 1989); Velez v. Oxford Development Co., 457 So. 2d 1388, 1390 (Fla. 3d DCA 1984), pet. rev. denied, 467 So. 2d 1000 (Fla.1985). REVERSED and REMANDED. BOOTH, J., concurs. KAHN, J., concurs with opinion. . In the record on appeal, ap…

Authorities Cited

• Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
• Skidmore v. The Volpe Constr. Co., Inc., 511 So. 2d 642 (Fla. 3d DCA 1987)
• Culver v. Berkenfeld, 487 So. 2d 416 (Fla. 4th DCA 1986)
• Crosby v. State, 487 So. 2d 416 (Fla. 2d DCA 1986)