The Florida Sixth District Court of Appeal overturned a trial court decision that denied Captain D's LLC from recovering the workers' compensation benefits paid to Regina Atkins. The trial court had previously reduced the company's workers' compensation lien, citing that Atkins did not receive full compensation for her injuries in a confidential settlement with a third party.
During the apportionment hearing, Atkins' attorney claimed the fair value of the case was $1 million but failed to provide evidence supporting this figure. The appellate court stated that Atkins had the burden to present competent evidence demonstrating she did not recover the full value of her damages in the settlement. Due to this failure, the court reversed the trial judge's decision and remanded the case for recalculation of the lien apportionment amounts.
This ruling underscores the importance of presenting clear and supported evidence in settlement value disputes related to workers' compensation liens.



