5D01-24 Orlando Regional Healthcare System v. Tiznado

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-24

Case Date: 01/21/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002 ORLANDO REGIONAL HEALTHCARE SYSTEM, ET. AL., Appellant, v. Case No. 5D01-24 VIRGINIA TIZNADO, Appellee. / Opinion filed January 25, 2002 Appeal from the Circuit Court for Osceola County, John Adams, Sr., Judge. Kevin S. Murphy and Thomas A. Moore of Moore, Peterson & Zeitler, P.A., Orlando, for Appellant. Glen D. Wieland of Wieland & Hilado, P.A., Orlando, for Appellee. PALMER, J. Orlando Regional Healthcare System and United Self Insured Service appeal the trial court's final order setting the value of their workers' compensation lien at zero dollars. The lien was filed in appellee Virginia Tiznado's negligence lawsuit against a third-party tortfeasor for injuries she sustained in an automobile accident which occurred while she was in the course and scope of her employment. Concluding that the trial court did not have sufficient evidence before it to sustain said valuation, we reverse. Tiznado was allegedly injured when a third-party tortfeasor crashed into her car. She filed a workers' compensation claim with her employer, Orlando Regional Healthcare Systems, which was insured

by United Self Insured Services (collectively "insurer"). The insurer denied Tiznado's claim, based upon its determination that she was not acting in the course and scope of her employment when the accident occurred. Tiznado challenged the denial by filing suit. The matter eventually went to trial where Tiznado prevailed on her workers' compensation claim and was awarded compensation and benefits. Although the insurer lost at trial, it continued to withhold payment of Tiznado's benefits while appealing the award to the First District Court of Appeal. 1 Meanwhile, Tiznado filed the instant negligence lawsuit against the third-party tortfeasor. Insurer filed a notice of lien in that lawsuit, asserting a lien for the amount of workers' compensation benefits paid or to be paid to Tiznado against the proceeds that she might recover from the third-party tortfeasor. See

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