AGC RISK MANAGEMENT GROUP, INC., APPELLANT,
v.
ALEJANDRO OROZCO, ET AL., APPELLEES

Fla. 3d DCA | 1994-04-26
No. 93-1848
Before NESBITT, JORGENSON, and LEVY, JJ.
635 So. 2d 1034 Florida District Court of Appeal, Third District (1994) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

AGC Risk Management Group appealed a trial court's determination that an injured worker's full damages were $750,000 for purposes of calculating a workers' compensation lien, rather than AGC's claimed $150,000 settlement amount. The appellate court affirmed, holding that the trial court properly weighed conflicting expert testimony and its finding was supported by competent, substantial evidence.


Holding

The trial court's determination that the full value of damages was $750,000 is affirmed because it is supported by competent, substantial evidence. The trial court properly weighed conflicting expert testimony in assessing the full value of damages, and appellate courts may not reweigh the evidence.


Headnotes

[1] The sworn testimony of an attorney is competent evidence for a trial court to consider when assessing the full value of damages sustained in a workers' compensation lien…

[2] The resolution of conflicting expert testimony regarding the full value of damages is a task for the trial court.

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Key Quotes

“the trial judge must "weigh the evidence, just like a jury would, and evaluate the ease if he has evidence before him which will permit it."”

Establishes the standard for trial court review in workers' compensation lien proceedings

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Facts & Procedural History

Alejandro Orozco was struck in the head by an electrical fixture being installed by East Coast Electric employees. Orozco sued East Coast for negligen…

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Opinion of the Court
JORGENSON, Judge.

JORGENSON, Judge.

AGC Risk Management Group, Inc. (AGC), appeals from an order determining the amount it is entitled to recover on its workers’ compensation lien. We affirm.

Alejandro Orozco was struck in the head by an electrical fixture which was being installed by the employees of East Coast Electric, Inc. Orozco filed suit against East Coast and alleged that East Coast’s employees had been negligent in installing or controlling the electrical fixture. Orozco claimed that, as a result of the accident, he suffered memory loss and loss of cognitive ability as well as other physical and mental problems. This case subsequently settled for $150,000.

AGC’s predecessor in interest filed a Notice Of Lien pursuant to section 440.39(3)(a), Florida Statutes (1991), for the amount it had paid in workers’ compensation to Orozco.1 Orozco filed a Motion to Determine Carrier’s Lien in which he alleged that the settlement from East Coast only represented a fraction of his total damages. At the hearing on the motion, Orozco presented testimony by his attorney in the East Coast lawsuit, Howard Silverstein, and by the attorney for East Coast, David Deehl, on the issue of the full value of his damages. These two expert witnesses testified that Orozco’s total damages were between 1.5 and 2 million dollars. AGC’s expert witness, Patrick Gent, testified that Orozco’s full value of damages was $150,000. The trial court found that the “full value of damages sustained” was $750,000. AGC appeals.

We affirm the trial court’s order as it is supported by competent, substantial evidence. Proceedings under section 440.-39(3)(a) are similar to a jury trial and the trial judge must “weigh the evidence, just like a jury would, and evaluate the ease if he has evidence before him which will permit it.” American States Ins. Co. v. Rozier, 450 So. 2d 547, 548 (Fla. 4th DCA 1984). In assessing the full value of damages sustained, the sworn testimony of an attorney is competent evidence which should be considered by the trial court. Arone v. Sherwood, 561 So. 2d 1269, 1271 n. 1 (Fla. 4th DCA 1990); see also Adjustco, Inc., v. Lewis, 491 So. 2d 578 (Fla. 1st DCA 1986) (trial court properly relied on claimant’s attorney’s opinion of full value of claimant’s damages and of claimant’s comparative negligence).

The record reveals that Orozco’s attorney and East Coast’s attorney testified that the full value of Orozco’s damages was between 1.5 and 2 million dollars. To the contrary, AGC’s expert witness opined that the value was $150,000 — the amount of the settlement. The resolution of conflicting expert testimony is a task for the trial court. Morris v. Ricks, 573 So. 2d 1029, 1030 (Fla. 2d DCA 1991). The trial judge, sitting as the factfinder, determined that proper amount was $750,000. This finding is supported by competent, substantial evidence and an appellate court is therefore not entitled to reweigh the evidence. Noonan v. Snipes, 569 So. 2d 1381 (Fla. 2d DCA 1990).

Affirmed.

. Section 440.39(3)(a) provides a means for a workers’ compensation carrier to recoup funds it has paid to a claimant when that claimant successfully sues a third-party tortfeasor. The statute provides that a carrier is entitled to recoup 100% of past and future benefits "except, if the employee or dependent can demonstrate to the court that he did not recover the full value of damages sustained....”


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Citator

Cited By

  • In re Est. OF Sallie Pearl Wiggins v. Destin, 729 So. 2d 523 (Fla. 4th DCA 1999)
    …regarding such testimony in this specific context, in analogous contexts, attorneys have been allowed to testify as experts concerning the full value of personal injury and wrongful death claims. See, e.g., AGC Risk Management Group, Inc. v. Orozco, 635 So. 2d 1034, 1035 (Fla. 3d DCA 1994)(stating that expert attorney testimony is competent evidence which should be considered by the trial court in assessing the full value of damages sustained by injured employee in worker’s compensation eontext)(citing Arone v…
  • Preferred Gov't Ins. Tr. v. Aelion, 307 So. 3d 129 (Fla. 3d DCA 2020)
    …Fla. Stat. (2019); Manfredo v. Empr.’s Cas. Ins. Co., 560 So. 2d 1162 (Fla. 1990); Nikula v. Michigan Mut. Ins., 531 So. 2d 330 (Fla. 1988); Luscomb v. Liberty Mut. Ins. Co., 967 So. 2d 379 (Fla. 3d DCA 2007); AGC Risk Mgmt. Grp., Inc. v. Orozco, 635 So. 2d 1034 (Fla. 3d DCA 1994). However, we reverse the trial court’s order imposing sanctions against PGIT pursuant to section 57.105(1).1 Under that subsection, a court may impose sanctions 1 Section 57.105(1), Florida Statutes (2019) provides: (1) Upon t…

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