📋 Workers' Comp Settlement Dispute: Who Gets the $50,000? | Jones v. ETS of New Orleans

Brian Jones v. ETS of New Orleans, Inc. | Case No. 96287 | Florida Supreme Court Barry Keitz argues before the Florida Supreme Court on behalf of Brian Jones in this workers' compensation third-party recovery dispute. Jerry Herms, who represented Jones at trial under Florida Statutes §440.39 (which provides that a third-party suit is brought for the benefit of both the employee and the employer/carrier), secured a $50,000 settlement. The dispute centers on whether the employer and insurance carrier must share in non-taxable litigation costs — including expert witness fees and investigative costs — when they benefit from the third-party recovery pie alongside the injured employee. Key issues addressed: Apportionment of litigation costs between employee-plaintiff and employer/insurance carrier (EC) under Florida Statutes §440.39 Whether the employer/carrier who has a lien against third-party settlement proceeds must share proportionally in non-taxable costs of litigation The 'common venture' theory: employee and employer/carrier jointly pursuing third-party recovery What constitutes 'costs necessarily required' to secure a third-party recovery in workers' compensation cases Attorney's fee and cost allocation in workers' compensation third-party tort settlements 🔗 Florida Rules & Legal Resources: www.floridarules.net #JonesvETS #WorkersComp #ThirdPartyLiability #FloridaSupremeCourt #WorkersCompensation #SettlementDispute #FloridaStatutes #LitigationCosts #FloridaAttorney #FloridaAppeal