Florida/Georgia Personal Injury & Workers Compensation

...* * * * * * * * * "This policy does not apply under the Uninsured Motorist Coverage * * * so as to inure directly or indirectly to the benefit of any workmen's compensation or disability benefits carrier. * * *" Standard's liability under its workmen's compensation policy is governed by Section 440.16, which applied to the facts here would be: 1....

...In this workers' compensation case, the mother of a deceased employee appeals the order of the deputy commissioner finding that her dependency under the Workers' Compensation Act has ended, and that, as a matter of law, she was not entitled to dependency benefits under Section 440.16(1)(b)4, Florida Statutes (1979)....

...y December 31, 1980, she had received all benefits due her as her son's sole heir and beneficiary. She received a total of approximately $155,000 from a combination of sources. As to that issue, the deputy concluded: "In order to give any meaning to § 440.16(2)(d), Florida Statutes [The statute is in fact Section 440.16(1)(b)4, Florida Statutes (1979).] ..., it is clear that it is contemplated that the dependency of a parent under the Workers' Compensation Act can end." Section 440.16(1)(b)4 states: 440.16 Compensation for death....

...2 Larson, The Law of Workmen's Compensation § 64.43 at 11-209 (1981). However, this section is susceptible to another interpretation, especially when bolstered by the plain meaning of the statute. According to Larson, rights as a dependent can be lost by an event expressly terminating compensation by statute. Section 440.16(2) expressly states that the dependence of a spouse of a deceased employee shall terminate with remarriage; the dependence *1146 of a child shall terminate with the attainment of eighteen years of age, twenty-two years of age if a full-time student, or upon marriage....

...There is no statutory language limiting termination of a parent's dependency to the happening of a specific event. Perhaps the legislative intent was to allow for flexibility in the individual situations concerning parents. We consider that the provisions of Section 440.16 should be read in pari materia to achieve the statutory purpose to protect workers' dependents against hardships that arise from workers' deaths arising out of employment and occurring during employment, and to prevent those who depend on workers' wages from becoming charges on the community....

...The carrier stopped payment because some half-brothers had entered into a contract to pay the mother *1147 $15.00 per week for a limited period. The court stated: The question presented is whether such payments had the effect of relieving the mother of dependency as contemplated by Section 440.16, ......

...0.03 [1969], 440.05 [1969] and 440.07 [1969], giving the employee opportunity to accept or reject the Act as part of the work contract; § 440.11, making the Act the exclusive source of liability of the employer if the employee has accepted the Act; § 440.16, making compensation for death relate directly to dependency, except for funeral expenses in the amount of $500.00; § 440.16(2)(e), allowing recovery to parents only if dependent....

...The trial court noted in its Summary Final Judgment: "The parties agree that if the court subscribes to the reasoning of the defendants [employer and carrier] that the Workmen's Compensation law limits the recovery in this action to $500.00 [funeral expenses under Fla. Stat. § 440.16(1), F.S.A.] the court should enter a summary final judgment for the defendants, but if the court subscribes to plaintiff's theory of unconstitutional discrimination the defendants' motion for summary judgment should be denied." Appellant's constitutional argument is this....

...Normally, when a minor child dies, allegedly as the result of the negligence of another, the parents, individually and as administrators, may seek redress under the Survival Statute and the Wrongful Death Acts if the circumstances permit. When that child is an employee, redress is still available under Fla. Stat. § 440.16, F.S.A., if the child leaves dependents surviving, even though the Survival and the Death *365 Acts are not applicable....

...Similarly, the employee trades his tort remedies for a system of compensation without contest, thus sparing him the cost, delay and uncertainty of a claim in litigation. Fourth, the requirement of dependency for compensation in the event of death under Fla. Stat. § 440.16, F.S.A....

...In support of its position, the majority points out that Section 440.11 provides that Chapter 440 shall furnish exclusive remedies to those electing workmen's compensation coverage and suffering injuries or death while so covered. The "compensation for death" section of the Act, Section 440.16, provides that the employer shall be liable solely for "actual funeral expenses not to exceed five hundred dollars" and compensation based upon a percentage of the decedent's weekly wages to be paid to dependents only....

...On remand, the J.I.C. (Judge Halpert) found from medical evidence employee would have lived ten years longer but for the job-related heart attack. He allowed Petitioner, employee's widow, Anne E. Tingle, maximum compensation within statutory limits (F.S. § 440.16, F.S.A.) of 350 weeks and reimbursement of one half the medical bills and $500 funeral expenses....

...George Kagan of Miller, Hodges, Kagan & Chait, P.A., Deerfield Beach, amicus curiae for Florida Fruit & Vegetable Ass'n. BARKETT, Justice. We have for review Florida Farm Bureau Casualty Insurance Co. v. De Ayala, 501 So.2d 1346 (Fla. 4th DCA 1987), which upheld the constitutionality of section 440.16(7), Florida Statutes (1983)....

...After De Ayala's death, his survivors requested $100,000 under Florida's worker's compensation system, the amount generally available to all dependents of Florida workers and nonresident alien dependents living in Canada. However, Florida Farm Bureau tendered only $1,000, citing as its reason section 440.16(7), Florida Statutes (1983), [1] which provides: Compensation under this chapter to aliens not residents (or about to become nonresidents) of the United States or Canada shall be the same in amount as provided for residents, except tha...

...(Emphasis added.) Thus, the nonresident alien survivors of Florida workers killed in industrial accidents are denied death benefits greater than $1,000 unless they are residents of Canada. Petitioners refused to accept the check. Instead, they filed suit for declaratory relief on grounds that section 440.16(7) was unconstitutional as a violation of the equal protection clauses of the fourteenth amendment and of article I, section 2 of the Florida Constitution, the due process clauses of the Florida [2] and United States Constitutions, [3] and the access to courts provision of the Florida Constitution. [4] The trial court agreed with petitioners. It found that section 440.16(7) arbitrarily discriminated against resident aliens killed in work-related accidents whose dependents were not residents of the United States or *206 Canada....

...1980), appeal dismissed sub nom. Pincus v. Estate of Greenberg, 450 U.S. 961, 101 S.Ct. 1475, 67 L.Ed.2d 610 (1981); Graham v. *207 Ramani, 383 So.2d 634 (Fla. 1980); Florida High School Activities Ass'n v. Thomas, 434 So.2d 306 (Fla. 1983). The classifier contained in section 440.16(7) involves alienage, one of the traditional suspect classes....

...the residence and citizenship of the injured workman, or (if he shall have met death) of his dependents, are factors entirely foreign to the discussion. Western Metal Supply v. Pillsbury, 172 Cal. 407, 416, 156 P. 491, 495 (1916) (citation omitted). Accordingly, we find that section 440.16(7), Florida Statutes (1983), facially violates article I, sections 2 and 21 of the *208 Florida Constitution, to the extent it provides reduced benefits for Florida workers with nonresident alien dependents not living in Canada....

...I must conclude that the Florida Legislature was within its constitutional authority to limit the amount of death benefits paid to nonresident aliens. Consequently, I would approve the district court of appeal decision. NOTES [1] Effective July 1, 1987, section 440.16(7) has been amended to provide a $50,000 cap on death benefits to nonresident alien dependents other than Canadians. See § 440.16(7), Fla....

...He further found that Sonja Williams and Audrey Williams were children of Doretha and deceased and that they were entitled to compensation. The Deputy Commissioner further found that the mother of deceased was dependent upon him for support but account of the limits of 60% as set forth in Section 440.16, F.S., F.S.A., he did not award her any compensation....

...that their fees should be paid by the carrier. He based this finding on the holding that it was incumbent upon the carrier and not the Industrial Commission to make the investigation. When Section 440.20(8), F.S., F.S.A., is read in conjunction with Section 440.16, F.S., F.S.A., said the Deputy Commissioner, this conclusion is evident....

...The full Commission further held that the essential feature of the Workmen's Compensation Act was its self-executing framework and that the benefits under it were intended to pass directly from the carrier to the beneficiary. In effect it construed Section 440.16, F.S., F.S.A., to mean that the survivors had definite rights that arose upon the death of the employee and the Commission had but a discretionary power to alter statutory allocation of benefits on its own motion or application of an interested party. It *622 further held that the Deputy Commissioner was correct in his holding that "this can only mean that the employer or carrier may pay in accordance with the provisions of Section 440.16(2) (a) and (c), F.S....

...[F.S.A.], and then after payments have been commenced, the Commission or some interested party, feeling that such percentages are not just and proper, asks that consideration be given to changing them. In the instant case, had the carrier paid in accordance with Section 440.16(2) (a) and (c), F.S. [F.S.A.], it would have been entitled to credit for such payments even if thereafter the Commission, by its Order, required payment in a different ratio. Section 440.16 obviously does not intend to compel the Commission to enter an order in each and every death case, directing to whom compensation should be paid....

of the law [Section 16, paragraph (g), now Section 440.16, paragprah (7), Florida Statutes, 1941] providing

...provides that the “total compensation payable under this Chapter for disability and death shall in no event exceed the sum of $5000.00 in addition to any benefits under Section 440.13 for medical services and treatment, and under subsection (1) of Section 440.16, for funeral expenses.” *212 The total award by the Industrial Commission in this case was $10,000.00, plus funeral expenses, medical treatment and attorneys fees, the double feature or that part imposed on the employer was imposed o...

...dissolved marriage. The deputy commissioner took testimony and arrived at the conclusion that the original order should be modified. He found that Ophelia, the first wife, was the lawful widow of the deceased. However, under the authority granted by Section 440.16(2) (c), Florida Statutes, F.S.A., he exercised an allowable discretion by providing that the entire amount of compensation should be paid to the two dependent minors (the children of Blanch and Madison) inasmuch as they were actual dependents of the deceased....

station in life require better clothes . . . ." Section 440.16 Fla. Stats. 1941, provides that if death results

...In 1980, alleging they were his dependents and therefore the potential recipients of any compensation benefits payable for his death, [1] LaBella's wife, daughter and grandson brought an action in the circuit court for a declaratory judgment that the blanket five-year limitation in Section 440.16(1), Florida Statutes (1979) is unconstitutional. The provision states: 440.16 Compensation for death....

...may not occur."); Harris v. Harris, 138 So.2d 376 (Fla. 3d DCA 1962), cert. denied, 146 So.2d 374 (Fla. 1962). The clear applicability of this principle to the present situation requires that the judgment under review be Affirmed. NOTES [1] See Sec. 440.16(1)(b), Fla....

...and anyone otherwise entitled to recover damages ... on account of such injury or death... ." (e.s.) Section 440.10 places on the employer the responsibility for furnishing compensation benefits to the employee, as provided under sections 440.13, 440.15 and 440.16 of the act. Section 440.13 generally describes the employer's liability for medical services to the injured employee, section 440.15, disability benefits, including permanent total, temporary total and wage-loss, while section 440.16 provides death compensation benefits to designated survivors....

...er for the purpose of determining whether or not the Florida Industrial Commission was entitled to statutory contribution *508 to the Commission of the sum of $500.00 by the employer and carrier because, of the death of Allen under the provisions of Section 440.16 (2) (g), Fla....

...be, and the same is, hereby reversed.” It is our view that no claim for compensation is involved here and that Section 440.19 (1) has no application to the right of the Commission to enforce the payment of the $500.00 contribution or levy fixed by Section 440.16 (2) (g), supra....

...Pyle, Orlando, for respondents. ALDERMAN, Justice. We review the decision of the District Court of Appeal, First District, in McCotter Motors, Inc. v. Newton, 453 So.2d 117 (Fla. 1st DCA 1984), wherein the First District upheld the constitutional validity of section 440.16(1), Florida Statutes [*] which requires, in order for death to be compensable under the Workers' Compensation Law, that death must result within one year of the accident or must follow continuous disability and must result from the accident within five years of the accident. We approve the district court's holding which declares section 440.16(1) constitutional....

...Betty Newton applied for dependency death benefits under the Workers' *231 Compensation Law as the widow of Leslie. The employer/carrier contested the claim on the basis that Leslie's death occurred more than five years following the accident and that her claim was therefore barred by section 440.16(1). Refusing to enforce section 440.16 because he determined that application of this statute to this case would produce an unconstitutional result, the deputy commissioner awarded benefits to Betty Newton. The First District reversed and upheld the constitutionality of section 440.16(1) against challenges that it denied due process of the law, to-wit: access to the courts, and denied equal protection of the law....

...The district court correctly reasoned: In the past, this Court and the Florida Supreme Court have upheld similar attacks on other sections and subsections of chapter 440. In light of the precedent set by those cases, we find that appellee has not sustained her burden of showing that section 440.16(1) is unconstitutional....

...Ram Property Management, 452 So.2d 932 (Fla), appeal dismissed, ___ U.S. ___, 105 S.Ct. 498, 83 L.Ed.2d 391 (1984); O'Neil v. Department of Transportation, 468 So.2d 904 (Fla. 1985); Iglesia v. Floran, 394 So.2d 994 (Fla. 1981); Mullarkey v. Florida Feed Mills, Inc., 268 So.2d 363 (Fla. 1972). Accordingly, we hold section 440.16(1) constitutional and approve the decision of the district court....

...I can conceive of no justification for such a cut off date other than to save money. Given the arbitrariness of the time limit, it is unsupportable and a violation of the state and federal equal protection clauses. For the reasons discussed above, I dissent to the majority. ADKINS and SHAW, JJ., concur. NOTES [*] Section 440.16(1) expressly provides: (1) If death results from the accident within 1 year thereafter or follows continuous disability and results from the accident within 5 years thereafter, the employer shall pay: ......

...follows: "The total compensation payable under this chapter for disability and death shall in no event exceed the sum of Five thousand dollars in addition to any benefits under § 440.13 for medical services and treatment and under subsection (1) of § 440.16 for funeral expenses." The Laws of 1947, Chapter 23921, § 2, amended Section 440.20, subsection 13 of the Florida Statutes of 1941, and provided as follows: "The total compensation payable under this chapter for disability and death shall in no event be payable for a period in excess of three hundred and fifty weeks in addition to any benefits under Section 440.13 for medical services and treatment, and under subsection (1) of Section 440.16 for funeral expenses." With the adoption of the 1949 Florida Statutes, § 440.20, subsection (13), as amended by Chapter 23921, § 2, of the Laws of 1947, was revised and became Section 440.20, subsection (13) of the Florida Statutes of 1949....

...ributable to the industrial accident and pre-existing heart ailment respectively. In the instant case the Deputy Commissioner on the basis of the conflicting testimony attributed 30% of the cause of death to the industrial accident. She then applied Section 440.16(2), Florida Statutes, F.S.A., which allows compensation to a widow at the rate of 35% of the employee's average weekly wage for a period not in excess of 350 weeks in cases where death results from an industrial accident....

...period of time in which compensation was to be paid, the period of 175 weeks being increased to 350 weeks. In so doing the Full Commission recited that the Deputy had made the award for only 50% of the maximum time allowable under the statute, Sec. 440.16(2), based on the finding of 50% dependency, and then said: "* * * There does not appear to be any such provision in Section 440.16, Florida Statutes, for making the award in this fashion....

...Charles William Hecht suffered an injury by accident arising out of and in the course of his employment. Within one year after the occurrence of the accident he died as the result of the injury. Subsequent to the date of the accident, but prior to his death, section 440.16, Florida Statutes 1951, was amended so as to enlarge the benefits accruing to the widow in case of the death of an injured claimant, F.S.A. § 440.16....

...City of West Palm Beach, Fla., 70 So.2d 345. *506 Inasmuch as the amendment to the statute involved in this controversy is one of substance rather than one of procedure, we have the view that the above principle is controlling, and that the widow's claim, under section 440.16, Florida Statutes 1951, F.S.A., is payable in accordance with the schedule effective at the time the employee sustained his injury, even though the amendment increasing such benefits became effective before the employee died....

...at issue. Relying on the decision in Lakeland Highlands Construction Company v. Casey, 450 So.2d 310 (Fla. 1st DCA 1984), the deputy commissioner found that Caroline was not required to prove actual dependency to be eligible for death benefits under section 440.16(1)(b), since she was a twenty-year-old full-time student at the time of his death....

...In that case, the court found a conclusive presumption of dependency *1278 in regard to a child under the age of eighteen. We decline to extend that conclusive presumption to children over the age of eighteen who otherwise qualify for benefits since section 440.16(1)(b) directs the employer-carrier to pay compensation for death to "the following persons entitled thereto on account of dependency" (emphasis supplied)....

...Statutory language is not to be assumed superfluous and all words and phrases within a statute are to be given meaning. Terrinoni v. Westward Ho, 418 So.2d 1143 (Fla. 1st DCA 1982). Thus, pursuant to the definitions and terms of sections 440.02(5), 440.16(1)(b) and 440.16(2), anyone other than a minor child has a burden to prove actual dependency when seeking death benefits....

...In light of our disposition of the first issue raised, we need not address the merits of any other points raised on this appeal. For the foregoing reasons, the order on distribution of fees is reversed. NOTES [1] This firm is now known as Lanza, Sevier & Womack, P.A. [2] See § 440.16(2), Fla....

...eath. Yet, the Kelly majority’s conclusion limits such relationships and obligations to those present on the date of injury. If the legislature intended to limit survivors to those existing on the date of injury, it could have done so. Cf. § 440.16, Fla....

...Ryan, the mother, for forty-seven weeks at $6.25 per week and then discontinued the payments because some half brothers had entered into contract to pay her $15.00 per week for a limited period. The question presented is whether such payments had the effect of relieving the mother of dependency as contemplated *649 by Section 440.16, Florida Statutes, 1941 (Workmen’s Compensation Act) and thereby destroy her claim for compensation....

...ance to the subject matter of the pending action. [5] In the instant case, the claim filed November 15, 1989, sought death benefits, including interest, penalties, costs, and attorney's fees, as a result of the accident pursuant to the provisions of Section 440.16, Florida Statutes (1989), on behalf of the decedent's spouse and dependent children....

...I concur with all aspects of the majority opinion except that which holds that Continental's subrogation lien does not apply to the children's portion of the recovery from the third-party tortfeasor. When an employee is killed in the course of his employment, section 440.16(1)(b), *975 Florida Statutes (1985), [*] provides for worker's compensation payments equivalent to 50% of the employee's average weekly wage to be paid to the surviving spouse if there is no child....

...than federal law. Sun Ship, Inc. v. Pennsylvania, 447 U.S. 715, 100 S.Ct. 2432, 65 L.Ed.2d 458 (1980). That has not been shown to be the case here. Our review of the Florida Workers' Compensation Act's limitations on compensation for death found in section 440.16, Florida Statutes, supports the trial court's conclusion that Florida workers' compensation remedies are not more generous than federal maritime common law wrongful death law....

...The claimant argues that the provision denies her access to the courts contrary to article I, section 21, Florida Constitution. For purposes of this challenge, however, we cannot discern any meaningful distinction between the operation of the statute in question and the operation of section 440.16(1), Florida Statutes. Section 440.151(1)(a) requires, for death benefits to be payable, that death result from an occupational disease within 350 weeks of the last exposure. See Keene Corp. v. Bahl, 476 So.2d 789 (Fla. 1st DCA 1985). Likewise, section 440.16(1) requires in industrial accident cases, for death benefits to be payable, that death result within one year after the industrial accident or follow continuous disability and result within five years after the industrial accident....

...for pain and suffering damages. The jury awarded $20,000 in damages to the deceased's grandson, who was living with the Blackmons at the time of Mr. Blackmon's death, and zero damages to Richard Blackmon, the Blackmon's 23 year old son. Pursuant to section 440.16(1)(b), Florida Statutes (1995), appellee is entitled to $100,000 in workers' compensation, the maximum death award....

...Pursuant to Florida’s Workers’ Compensation Act at that time, if an employee died and the death was covered by the Act, the employer was required to pay to the employee’s family: (1) actual funeral expenses not to exceed $5,000, Fla. Stat. § 440.16(1)(a) (1998); and (2) 66⅔% of the employee’s average weekly wage, up to a total limit of $100,000, see id. § 440.16(1)(b). 4  Case: 12-11755 Date Filed: 04/15/2013 Page: 5 of 30 death.3 Specifically, the Estate alleged that Lawns’s “use of the flatbed trailer without ret...

...Appellant, Metropolitan Dade County, intervened in the suit between the parties to the alleged marriage because it was paying workmen's compensation benefits to the alleged wife who was the widow of a deceased county employee. These benefits would terminate under Section 440.16(2)(a) Florida Statutes (1977) if the widow remarried....

...1959, 112 So.2d 49, and General Guaranty Insurance Company v. Moore, Fla.App. 1962, 143 So.2d 541, and as the plaintiff has recovered full and complete damages, as determined by a jury and as such recovery exceeded the amounts paid or to be paid by appellant, under F.S. Chapter 440.16, F.S.A., the lower court erred in entering its order of apportionment in that it failed to give appellant full recovery of benefits paid and to be paid; asserting that had the lower court granted full recoupment, it would not in any way have reduced the plaintiff's recovery of her full and complete damages....

...n payments. The insurance carrier stopped all payments and the widow filed her claim for compensation under the Workmen's Compensation Law. The insurance carrier resisted the claim of the widow on the ground that compensation under the terms of F.S. Section 440.16, F.S.A....

...ceased when the widow recovered from the third party and the court made its order of distribution. The Deputy Commissioner denied continued compensation to the widow. The Full Commission reversed the Deputy Commissioner. Upon petition for certiorari the Court stated: "The right of the widow to receive compensation under Section 440.16, F.S., F.S.A., was not destroyed because the death of her husband was due to the negligence of the third party while the husband was driving a truck in the scope of his employment and because she recovered from such third party as authorized by Section 440.39 (3), F.S., F.S.A. She was entitled to the benefits provided for by Section 440.16, F.S., F.S.A., whether she recovered from the third party or not and the carrier was entitled to limited subrogation provided for by the statute and under the terms and conditions set forth in the statute....

...njury or death.” § 440.11(1), Fla. Stat. Florida’s Workers’ Compensation Law fixes the amount of compensation for the employee’s death that is due to the employee’s statutory beneficiaries, including the spouse and children. See § 440.16, Fla....

...1st DCA), review denied, 402 So.2d 609 (Fla. 1981); Morrison Merchandising Corp. v. Rambeau, 377 So.2d 234, 236 (Fla. 1st DCA 1979); cert. denied, 386 So.2d 640 (Fla. 1980). Our review of the record clearly shows that the claimant met her burden of proof by competent substantial evidence. Section 440.16(1)(b), Fla....

statutory gap that resulted from the limitations in section 440.16(2)(a) is a plain denial of the right of access

...of Wagner, Cunningham, Vaughan & McLaughlin, Tampa, for appellee. MILLS, Judge. This is an appeal by the employer/carrier from an order of the deputy commissioner finding that Louise Rogers was a dependent of her son, Daniel Rogers, the deceased employee, and therefore entitled to death benefits pursuant to Section 440.16, Florida Statutes (1981)....

Sec. 63, pages 101-102. Under our statute, Section 440.16, the dependency status is fixed as of the date

...erit. AFFIRMED in part and REVERSED in part. BOOTH and ZEHMER, JJ., concur. NOTES [1] The only benefits provided by Chapter 440 for an employee's children are those benefits by virtue of a dependent child surviving a deceased employee as provided in Section 440.16, Florida Statutes....

WEBSTER, Judge. In this workers’ compensation case, the self-insured employer seeks review of an order which awarded benefits to appellees pursuant to section 440.16, Florida Statutes (1989), on account of the tragic death of Valerie Dwight (wife and mother, respectively, of appellees) in an auto accident....

...Based on those facts, the d/c concluded that the children were not dependents within the meaning of the Workers' Compensation Act because Wise's death could not be said to have affected their accustomed mode of living. Appellants contend, and we agree, that conclusion was erroneous. Section 440.16(1)(b), Florida Statutes (1979), provides for the recovery of compensation by "the following persons ......

...Any doubts arising must be "resolved in favor of the working man" and in favor of compensation. Alexander v. Peoples Ice Company, 85 So.2d 846, 847 (Fla. 1955). The principal rule is that the dependent relationship must have "existed at the time of the accident, " Section 440.16(6), Florida Statutes (1979), and not at some later date (e.s.)....

...The fact of Cathy Mitchell's unemployment following the death of the employee was irrelevant to the issue of dependency, because dependency is to be determined based on circumstances existing at the time of the industrial accident and not at the time of the hearing. See § 440.16(6), Florida Statutes; Moorer, 12 So.2d at 371....

...the attainment of 18 years of age, with the attainment of 22 years of age if a full-time student in an accredited educational institution, or upon marriage ... .", unless the child is "physically or mentally incapacitated from earning a livelihood." § 440.16(2), Fla....

...In Terrinoni, however, the deceased employee's mother sought continuation of dependency benefits despite her receipt of some $155,000 from the deceased's estate. This court recognized the general rule, as set out by Professor Larson, but found it inapplicable in Terrinoni because of the clear, unambiguous language of section 440.16(1)(b)(4), Florida Statutes, which provides that parents are entitled to continued dependency benefits only " during the continuance of dependency "....

...ts against " [w]eekly compensation benefits payable ... for disability resulting from injuries... ." (e.s.) The benefits at issue in this case, however, do not fall within that category of benefits, because they are death benefits as provided for by § 440.16 and not a form of disability or wage-loss benefits under § 440.15....

...1st DCA 1983); Cone Brothers Contracting v. Rogers, 432 So.2d 812 (Fla. 1st DCA 1983). The inapplicability of the MacDon test to situations in which children claim to be dependent lies in the fact that children are above parents in the following statutory order of preference set out in § 440.16(1)(b): 1....

...ion payable under this chapter for disability and death shall in no event be payable for a period in excess of three hundred fifty weeks in addition to any benefits under Section 440.13 for medical services and treatment, and under Subsection (1) of Section 440.16 for funeral expenses.” Since the Carrier paid 68 weeks temporary total and 2271/2 weeks permanent partial disability, only 54(4 weeks additional compensation could have been allowed, unless the 350 weeks limit did not apply to awards for facial disfigurement....

...Westward Ho!, supra , even if dependency at the time of the employee's death is established, the beneficiary's receipt of a large sum of life insurance or other monetary benefits upon the employee's death may result in the termination of that dependency. As noted in that decision, section 440.16, Florida Statutes, expressly states that compensation for an employee's death based upon dependency shall be paid "during the continuance of dependency." Id....

...he insurance policy issued by appellant and properly held it liable for the death benefit specified in its policy. The judgment appealed is accordingly affirmed. RAWLS, Acting C. J., and JOHNSON, J., concur. . F.S. §§ 440.02, 440.03, F.S.A. . F.S. § 440.16, F.S.A.

an accredited educational institution. . Section 440.16(2), Florida Statutes (1979), provides in pertinent

...Johnson appeals a final workers’ compensation order in which the deputy awarded all of the survivor’s benefits to decedent’s three surviving children and denied any benefits to appellant as a surviving dependent mother. The issue before the court is whether the deputy properly interpreted Florida Statutes § 440.16 in awarding benefits to the deceased claimant’s dependents....

...The children disputed this action and the carrier sought a determination from the deputy. After taking evidence, the deputy found that Mr. Johnson’s mother was his dependent and that finding has not been appealed. The carrier argued that the statute called for reduction of the amounts due pro rata. According to § 440.16, each child is entitled to 33½% and the parent, 25%....

...to compensation, 66⅜ percent of the average wage: 3. To the child or children, if there is no spouse, 33V3 percent for each child. 4. To the parents, 25 percent to each, such compensation to be paid during the continuance of dependency. Fla.Stat. § 440.16(l)(b) (Supp.1982) (emphasis added)....

...percentage as, when added to the total percentage payable to all persons having priority of preference, will not exceed a total of said 66% percent, which proportion shall be paid: (a) To such person; or (b) To such class, share and share alike. Id. § 440.16(3) (emphasis added)....

...Appellant, the son of Otis Morgan, deceased, appeals the deputy commissioner’s order finding that the deceased’s suicide is not compensable, thereby precluding appellant from receiving workers' compensation death benefits for dependents pursuant to section 440.16, Florida Statutes....

...This'claim was denied by the Deputy Commissioner'and by the Full Commission. The only question presented is whether under our Workmen’s Compensation Law an administrator may recover where his decedent died as-'result’ of an accident arising out of and in the course of his employment but left no dependents. ,, Section 440.16(2), F.S.1951, F.S.A., provides in part as follows: “Compensation, in addition to the above, in the following percentages of the average weekly wages to the following persons entitled thereto on ac- ■ count ■ of dependency upon thfe deceased and in the' following order of preference (subject to the limitation provided in paragraph (c) of § 440.16 (2) below); but such compensation shall be subject to the limits provided in subsection (2) of § 440.12 and shall shall not exceed, for all dependents or persons entitled to compensation, sixty .not exceed, for all dependents or persons entitled to compensation, sixty 'per': cent of the average wage — ”....

...This language is plain and needs no interpretation.” However, in 1937, the original Section 16(b), Chapter 17481, supra, was amended by Section 7, Chapter 18413, Acts, of 1937, Laws of Florida. The language used in the amendmept is identical to that portion of Section 440.16(2), F.S.1951, F.S.A., previously quoted., This revision eliminated the provision for payment of compensation “if no dependents” contained in the original Section 1.6(b)....

...*889 = (E) -Permanent-total — disability—nnder-seG-tion-440.15(l), Florida Statutes, from to the -present- and continuing at a rate of —per--week. These benefits are in default and are presently -ripe, due, and owing. = (F) Death-benefits payable under-.section 440.16, Florida Statutes....

...an-order requiring the employer/carrier/servM-n-g agent (E/C) (E/SA)-to provide the following benefits: * * "’SPECIAL NOTE: If the.injured employee seeks medical benefits only, so indicate* If-the^petition is for death-benefits under — section—440.16,—Florida—Statutes, items 1 through-4 of this section should be-disregarded? This petition is for- medical-benefits only ....

...= (£!) Permanent total disability-benefits under-section-440.15(l), Florida Statutes, from . tA-th e-present and continuing at a. rate of $_■ .-^-per week. These benefits are in default and are presently ripe,--duer-and-owing-7 = ££) Death benefits payable under section-440.16, Florida-Statutes....

...pplemental benefits due under Section 440.15(3)(b), Florida Statutes (1994) $- _ Permanent Total Disability benefits under Section 440.15(1), Florida Statutes, from_to the present and continuing at a rate of $_per week. _Death benefits payable under Section 440.16, Florida Statutes....

...lf must be a fixed sum, as it is in disability cases, based upon the total allowable as compensation for death. In other words, since the maximum allowed for death benefits at the time of the accident was $15,000 (increased to $25,000 in 1973, see F.S. 440.16, Laws 1973, 73-127, § 6) and since the accident was responsible for 60% of the death, Southland would have had to pay 60% of the $15,000 or $9,000 for the accident’s acceleration of death considered by itself....

PER CURIAM. In this workers’ compensation case, Claimant, the surviving spouse of an injured and now-deceased worker, challenges an order of the Judge of Compensation Claims (JCC) that denies death benefits claimed under section 440.16(l)(a)-(b), Florida Statutes (2006)....

commissioner’s order awarding benefits pursuant to section 440.16, Florida Statutes (1983), in connection with

...tion 440.02(5), Florida Statutes (1987), and Florida’s public policy favoring the legitimacy of children permits a child born of a legitimate marriage but fathered by someone other than the husband, to be denied death and dependency benefits under section 440.16, Florida Statutes (1987)....

...ust occur prior to the injury of the employee. 533 So.2d at 767 . Because virtual adoption was not actually a legal adoption and took place only after death, we reluctantly refused to allow the claimant to receive death benefits. . We are aware that § 440.16(l)(b), Fla.Stat....

workers’ compensation dependency benefits under Section 440.16, Florida Statutes (1975), to persons who stood

BOOTH, Judge. This cause is before us on appeal of the deputy commissioner’s order denying claimant death and disability benefits under Section 440.16, Florida Statutes (1987), on grounds that claimant was not the natural, legitimate daughter of the decedent....

...40.02(5), FLORIDA STATUTES (1987), AND FLORIDA’S PUBLIC POLICY FAVORING THE LEGITIMACY OF CHILDREN PERMITS A CHILD BORN OF A LEGITIMATE MARRIAGE BUT FA *359 THERED BY SOMEONE OTHER THAN THE HUSBAND, TO BE DENIED DEATH AND DEPENDENCY BENEFITS UNDER SECTION 440.16, FLORIDA STATUTES (1987)....

...In Blackmon, 754 So.2d 840 , the First District required an offset from an uninsured motorist claim for the present value of death benefits that would be paid in the future by the workers’ compensation carrier. Those benefits were to be paid under section 440.16(l)(b), Florida Statutes (1995), apparently to the widow....

...ation claims for an order requiring the employer/carrier/servicing agent (E/C) (E/SA) to provide the following benefits: * * *SPECIAL NOTE: If the injured employee seeks medical benefits only, so indicate. If the petition is for death benefits under section 440.16, Florida Statutes, items 1 through 4 of this section should be disregarded....

...equest forms. (E) Permanent total disability under section 440.15(1), Florida Statutes, from to the present and continuing at a rate of $per week. These benefits are in default and are presently ripe, due, and owing. (F) Death benefits payable under section 440.16, Florida Statutes....

...other affected party) petitions the judge of compensation claims for an order requiring the employer/carrier/servicing agent (E/C) (E/SA) to provide the following benefits: * * *SPECIAL NOTE: If the injured employee seeks medical benefits only, so indicate. If the petition is for death benefits under section 440.16, Florida Statutes, items 1 through 4 of this section should be disregarded....

..._(E) Permanent total disability benefits under section 440.15(1), Florida Statutes, from to the present and continuing at a rate of $ per week. These benefits are in default and are presently ripe, due, and owing. ._(F) Death benefits payable under section 440.16, Florida Statutes....

...Sanchez. The employer, Bestone East Coast USA Corp., and its servicing agent, Gallagher Bassett Services, Inc., began paying Miss Sanchez weekly death benefits at the rate of 33% percent of Mr. Sanchez’s average weekly wage, the amount authorized by section 440.16(l)(b)3, Florida Statutes....

...Miss Sanchez then filed a petition for benefits, seeking an increase in death benefits to 66% percent of her father’s average weekly wage. She argued that the judge of compensation claims had discretion to increase her benefits beyond the 33% percent that would apply to a surviving child, because section 440.16(l)(b), Florida Statutes allows the judge to award total death benefits of up to 66% percent....

...The judge also assessed penalties and interest for all retroactive indemnity benefits owed. *381 Bestone and Gallagher Bassett argue on appeal that the judge of compensation claims lacked discretion to increase the claimant’s death benefits beyond 33% percent, given the plain language of section 440.16(l)(b)3....

...That subsection provides that a surviving dependent child is entitled to death benefits at a rate of 33 % percent, and it contains no qualifications or exceptions. We agree that the judge erroneously interpreted the statute as affording discretion to vary this amount. Subsection 440.16(l)(b)3 is not ambiguous....

...Section (l)(b) provides that death benefits “shall be subject to the limits provided in s. 440.12(2), shall not exceed $150,000, and may be less than, but shall not exceed, for all dependents or persons entitled to compensation, 66% percent of the average wage.... ” § 440.16(l)(b), Fla....

...1st DCA 1985), that it is the policy of our state that a deceased employee’s dependents should not become charges of the community. However, while recognizing this principle, we nonetheless held in Johnson that this was not enough to overcome the plain language of section 440.16 as to the allocation of benefits and their order of preference. Id. Likewise, in the present case we hold that the policy considerations of the statute, while important, cannot be used to circumvent the unambiguous language of subsection 440.16(l)(b)3....

...This case is here on petition for writ of certiorari to the Industrial Relations Commission. The petitioners seek review of an order reversing the determination of the Judge of Industrial Claims that the mother and four minor siblings of a deceased employee were his dependents under Section 440.16, Florida Statutes (1973)....

...land Farms Inc. v. Peterman, 131 So.2d 477 (Fla.1961). The facts in that case were virtually identical to the situation before us, and the rule of law there developed is applicable here. Decedent’s mother is, under that decision, a dependent under Section 440.16....

...Industrial Claims is reinstated. Petitioners’ counsel is awarded $500 for services performed in connection with our review of the Commission’s order. OVERTON, C. J., and ROBERTS, ADKINS, SUNDBERG and HATCHETT, JJ., concur. BOYD, J., dissents. . Section 440.16 provides that if any employee dies, then the employer shall pay: “(2) Compensation ......

worker and entitled to death benefit's under Section 440.16, Florida Statutes (1979). The flaw in the deputy

...ildren. Nadine Manis was Carl’s second wife and his widow. The original hearing on this claim was held in April, 1981. An agreement was reached between Karen and Nadine to divide the death benefits which were to be paid by the employer pursuant to section 440.16, Florida Statutes (1979)....

...An order was entered by a deputy commissioner awarding $105.50 per week to Karen as mother and natural guardian of the two children, and the same amount per week to Nadine, as widow. It is the business practice of the employer to periodically check the eligibility status of all beneficiaries on death claims, section 440.16(2), by employing a private investigative agency on an annual basis after entitlement to benefits is determined....

PER CURIAM. AFFIRMED. Hopkins v. E-Systems, Commercial Division, 423 So.2d 981 (Fla. 1st DCA 1982), rev. denied, 430 So.2d 451 (Fla.1983); section 440.16(6), Florida Statutes (1981)....

...No fair- minded individual who reads these decisions can reasonably conclude that they involve simple statutory interpretation. See, e.g., Newton v. McCotter Motors, Inc., 475 So. 2d 230, 231-32 (Fla. 1985) (Ehrlich, J., dissenting) (disagreeing with the holding that section 440.16(1), which provides that for a death to be compensable under the Workers’ Compensation law, it “must result within one year of the accident or must follow continuous disability and must result from the accident within five years of the accident,” see id....

the amount of award— 350 weeks pursuant to Section 440.16(2)— but his reasons given for reaching such

...The fact that claimant’s death was causally related to his industrial injury was undisputed as was the fact that he was continuously disabled from the time of his accident until his death, with employer/carrier paying permanent total disability benefits throughout that time. Section 440.16(1), Florida Statutes, provides: If death results from the accident within one year thereafter or follows continuous disability and results from the accident within five years thereafter, the employer shall pay: [certain benefits]. Although claimant’s death occurred approximately nine years after his accident, appellee/widow filed this claim, contending that section 440.16(1) is unconstitutional in that it denies her due process of law, to wit: access to courts, since under the statute she is afforded no remedy even though she undisputedly meets the causal relationship and dependency requirements....

...t discriminates without reasonable basis against the right of spouses to collect workers’ compensation based on dependency. The five year limit on benefits payable for death after continuous disability has remained in effect since the enactment of section 440.16(1), Florida Statutes, in 1935....

...Recognizing that a deputy commissioner does not have the authority to declare a statute unconstitutional, he noted that an official of the executive branch of government does have authority to refuse to enforce an unconstitutional statute. On that basis, he concluded that section 440.16(1), if applied to this case, would produce an unconstitutional result in that it would deny appellee due process and *119 equal protection of the law....

...ute. In the past, this Court and the Florida Supreme Court have upheld similar attacks on other sections and subsections of chapter 440. In light of the precedent set by those cases, we find that appellee has not sustained her burden of showing that section 440.16(1) is unconstitutional....

...Section 440.11 grants immunity from tort liability to co-employees, who, while in the course of their employment, negligently injure other employees of the same employer, unless the co-employees act with willful and wanton disregard or unprovoked physical aggression or with gross negligence. While we hold section 440.16(1), Florida Statutes, constitutional, and decline to invade the province of the legislature in this regard, we recognize the equities of appel-lee’s arguments and suggest that section 440.16(1) should be revisited by the Florida legislature to address and debate the public policy underlying the one year and five year limitations in light of the advances made in medical science since the enactment of that statute....

..., the insurance carrier stopped all payments and the widow filed her claim for compensation under the Workmen’s Compensation Law. There appears to be no contention that the widow was entitled to full compensation for the death of her husband under Section 440.16, F.S., F.S.A., unless the same was modified by Section 440.39. The insurance carrier resisted the claim of the widow on the ground that compensation under the terms of Section 440.16, F.S., F....

...In this case without the Statute, the compensation insurer would have no right of subrogation.’ True, the court there decided a case arising after the amendment of 1951 to Section 440.39, supra, but the principle is the same and would be equally appropriate here.” The right of the widow to receive compensation under Section 440.16, F.S., F.S.A., was not destroyed because the death of her husband was due to the negligence of the third party while the husband was driving a truck in the scope of his employment and because she recovered from such third party as authorized by Section 440.39(3) F.S., F.S.A....

PER CURIAM. The widow of Juan Lopez appeals an order of the Judge of Compensation Claims which found that the monetary limits of section 440.16(7) apply to a claim for survivor’s benefits. We reverse. The claimant applied for death benefits in the amount of $100,000, the maximum allowed under section 440.16(l)(b). The employer/carrier sought to limit the total amount of claimant’s potential recovery to $50,000 in accordance with section 440.16(7), which imposes that limit on the claim of “aliens not residents (or about to become nonresidents) of the United States or Canada.” ' The widow is apparently a citizen and resident of Mexico....

...Florida Workers’ Compensation Act unconstitutional, Hensley v. Punta Gorda, 686 So.2d 724 (Fla. 1st DCA 1997), and accordingly held for the employer/carrier on this issue. We reverse, finding that the monetary limitation of the current version of section 440.16(7) is unconstitutional in light' of the unambiguous holding of DeAyala ....

...accident; (2) Sharon Herring, his widow, was a legal dependent; (3) two minor children by a prior marriage were major dependents of the decedent and were entitled to more than an ordinary participation in the award under the provisions of Fla.Stat. § 440.16(2) (c), F.S.A....

...The question for determination turns on that of whether or not the father and the minor children, Corinnia, Barbara Ann and Darrell are dependents of the deceased son within the terms of the Workmens Compensation Law. Appellants contend that this question should be answered in the affirmative and rely on section 440.16, Florida Statutes 1941, (Workmens Compensation Law) to support their contention....

DOWNEY, Judge. This is an appeal from a final order declaring section 440.16(7), Florida Statutes (1983), unconstitutional because it treats resident wives and dependents more favorably than nonresident wives and dependents....

...on Act). Florida Farm responded to the appellee’s demand and tendered the statutory limit of $1,000 by check to the personal representative of the deceased claimant. Thereafter, appellees filed their complaint for declaratory relief, alleging that section 440.16(7) was invalid and unenforceable both on its face and as applied to the appellees as violative of the equal protection and due process clauses of the United States Constitution and the Constitution of the State of Florida. The complaint alleged further that section 440.16(7) arbitrarily and unreasonably discriminated against resident aliens injured in a job-related accident that resulted in their death when their dependents were not residents of the United States or Canada. Section 440.16(7) provides: Compensation under this Chapter to aliens not residents (or about to become nonresidents) of the United States or Canada shall be the same in amount as provided for residents, except that dependents in any foreign country...

...of this one lonely judge) determines that such a distinction by government is discriminatory and therefore illegal and unconstitutional. Further, appellants contend that the trial court was without jurisdiction to determine the constitutionality of section 440.16(7) because section 440.25(1) places the exclusive jurisdiction to determine any and all issues or questions presented in respect to workers’ compensation claims before the deputy commissioners of the Department of Labor and Employment Security. We agree with the first contention but disagree with the second. While there appears to be no Florida decision as yet directly addressing the constitutionality of section 440.16(7), this court recently considered the statute and pointed out that “compensation to a nonresident alien employee could not exceed $1,000.” Ron Burton, Inc....

...the foreign country. Some provisions limiting or restricting the rights of nonresident aliens make an exception for residents of Canada, and they may be entitled to the same death benefits as residents of the United States. Id. (footnotes omitted). Section 440.16(7) provides that compensation to dependents referred to therein may in no case exceed the amount specified in the statute....

...See Pedrazza v. Sid Fleming Contractor, Inc., 94 N.M. 59 , 607 P.2d 597 (1980). See also Jalifi v. Industrial Commission of Arizona, 132 Ariz. 233 , 644 P.2d 1319 (Ariz.Ct.App.1982), appeal dism’d, 459 U.S. 899 , 103 S.Ct. 200 , 74 L.Ed.2d 161 (1982). Thus, section 440.16(7) does not violate either the due process or equal protection clauses of the Constitutions of the United States and the State of Florida....

...lees, is not properly before this court since it was not addressed below. In any event, while not ruling on the merits, we do not find appellees’ arguments persuasive. Regarding jurisdiction of the trial court to determine the constitutionality of section 440.16(7), we find appellants’ contentions that it lacked jurisdiction without merit....

...See also Sasso v. Ram Property Management, 431 So.2d 204 (Fla. 1st DCA 1983), aff'd, 452 So.2d 932 (1984). Accordingly, we affirm that portion of the trial court’s order finding that it had jurisdiction, but reverse the trial court’s holding that section 440.16(7) is unconstitutional....

...The insurance carrier, asserting that the -fatal accident which befell Fernand M. Phily, deceased employee of Seabreeze Industries, Inc., did not arise out of and in the course of the employment, controverted the claim for dependency benefits brought ■pursuant to section 440.16, Florida Statutes, F.S.A., on behalf of the widow and three ■minor children of the deceased....

...ssioners. The deputy commissioner’s compensation order denied death benefits to the petitioners for the death of their son upon the ground that the petitioners were not in fact dependents within the meaning of the Workmen’s Compensation Act. See § 440.16(2) (e), Fla.Stat., F.S.A....

was not barred by the Statute of Limitations. Section 440.16, Florida Statutes, F.S.A., provides the amount

claim for dependent death benefits pursuant to section 440.16, Florida Statutes (1991). We reverse the order

...In no case shall a lump sum settlement be allowed until 6 months after the date of maximum medical improvement has been reached. [2] The Social Security offset includes social security payments to dependents (section 440.15(10)(a), Florida Statutes (Supp. 1980)), and section 440.16 provides for benefits to dependents upon the death of a claimant in certain circumstances....

...on his death, to his survivors. In an order dated June 1, 1988, the deputy commissioner found that each of the six children were dependent upon the deceased employee to the extent that they might be entitled to death benefits under the provisions of section 440.16, Florida Statutes....

...��in order to avoid further litigation, with its attendant costs, the parties do hereby stipulate and agree that $13,500.00 is the fair and reasonable present value of the claimant widow’s entitlement to dependency benefits under the provisions of Section 440.16, Florida Statutes....

SHIVERS, Judge. The appellant/claimant,. Rebecca Crews, appeals an order of the judge of compensation claims (JCC) denying her claim for workers’ compensation death benefits pursuant to section 440.16, Florida Statutes (Supp.1986)....

...It is undisputed that the decedent and the claimant had been living together for over 16 years at the time of the 1986 accident, but that they were not legally married until January 16, 1988. Claimant subsequently filed a claim for workers’ compensation death benefits pursuant to section 440.16....

...and the time of death in order for death benefits to be paid to a surviving spouse. We agree that the plain language of that section, read in pari materia with the other applicable sections of Chapter 440, supports the conclusion reached by the JCC. Section 440.16, Florida Statutes (Supp....

...rom the accident within 5 years thereafter, the employer shall pay: [[Image here]] 1. To the spouse, if there is no child, 50 percent of the average weekly wage, such compensation to cease upon the spouse’s death or remarriage, (emphasis supplied) Section 440.16(6) provides: Relationship to the deceased giving right to compensation under the provisions of this section must have existed at the time of the accident, save only in the case of afterborn children of the deceased....

...e, with respect to death or permanent impairment. Last, the term “death” is defined in section 440.02(8) as “only death resulting from an injury.” The claimant’s argument on appeal is based on her contention that the term “accident” in section 440.16(6) may refer not only to the employee’s initial, work-related accident, but also to any subsequent intervening accident which contributes to the employee’s death such as, in the instant case, the gunshot to the decedent’s head....

...not arise out of and in the course of his employment. As this court held in Wise v. E.L. Copeland Builders, 435 So.3d 339 (Fla. 1st DCA 1983): The principal rule is that the dependent relationship must have “existed at the time of the accident,” Section 440.16(6), Florida Statutes (1979), and not at some later date (e.s.)....

applied to section 440.16(l)(b)(5), Florida Statutes. Those sections provide, in part: § 440.16 Compensation

...e deceased employees are under 18 years of age, or under 22 years of age if a full-time student in an accredited educational institution, (emphasis supplied) On the other hand, appellee contends Section 440.02(5) should be read in pari mate-ria with Section 440.16(2), Florida Statutes (1983), which provides: For the purpose of this chapter, the dependence of a spouse of a deceased employee shall terminate with remarriage....

the deceased,” to the spouse, children, etc. Section 440.-16(l)(b)l., 2., and 3., Florida Statutes. See

BENTON, J. Winn Dixie Stores, Inc., and Sedgwick Claims Management Services, Inc., appeal the final order that awards the parents of Felix Yglesias death benefits pursuant to section 440.16(l)(b)4., Florida Statutes (1999)....

...conomic value of which was uncontroverted. We cannot say that the evidence adduced at hearing does not furnish competent, substantial support for the finding that the parents are entitled to benefits “on account of dependency upon the deceased.” § 440.16(l)(b), Fla....

barred by the statute of limitations under section 440.16(1), Florida Statutes (1986), and whether the

...Pitts, Judge. Date of Accident: May 11, 2021. August 20, 2025 PER CURIAM. We affirm an order disqualifying a law firm, Bichler & Longo, PLLC, from continuing to represent Christy Siena. The Bichler firm represented Siena in her suit for death benefits under section 440.16, Florida Statutes....

PER CURIAM. In this workers’ compensation case, the minor child of the decedent employee challenges an order from the Judge of Compensation Claims (JCC) denying her death benefits payable under section 440.16, Florida Statutes (2012)....

, 622 So.2d 120, 121 (Fla. 1st DCA 1993) (“Section 440.16(5) contains several provisions pertaining to

...ction 440.02(18), Florida Statutes (1975). However, after finding the claimant’s death was ten percent attributable to a work-related injury, the deputy awarded “ten percent of the maximum of $1,000.00 for payment of funeral expenses.” Because section 440.16(1), Florida Statutes (1975) provides for an award of “[ajctual funeral expenses not to exceed $1,000,” the deputy should have awarded ten percent of the actual funeral expenses, the award not to exceed $1,000....

...Anna Canestrelli, the surviving spouse of Oreste Canestrelli, the employee, appeals a workers’ compensation order dismissing her claim for death benefits on the grounds that such claim is barred by the statutes of limitations contained in sections 440.16(1) and 440.19, Florida Statutes....

...o payment of disability compensation since 1987 all indicate that the Employee’s death did not follow a period of continuous disability. 9. In light of the foregoing, the Claim for Death Benefits is barred by the statute of limitations pursuant to Section 440.16(1) of the Florida Statutes....

...ember 17, 1987, the date of the order approving the employer and the carrier’s temporary suspension of Mr. Canes-trelli’s benefits. The alternative ground upon which the judge based his dismissal of-Mrs. Can-estrelli’s death benefits claim was section 440.16(1), Florida Statutes....

...cident within 1 year thereafter or follows continuous disability and results from the accident within 5 years thereafter.... The judge expressly declined to find whether Mr. Canestrelli’s death resulted from the accident. Rather, he concluded that section 440.16(1) barred Mrs....

...Why he allowed his benefits to cease is pure speculation. Because nothing in the record supports the judge’s conclusion that Mr. Canestrelli’s death did not follow a period of continuous disability, we cannot uphold the ruling barring Mrs. Canestrelli’s claim for death benefits baséd on section 440.16(1), Florida Statutes....

...April 18, 2018 B.L. THOMAS, C.J. In this worker’s compensation case, Claimant (the deceased Employee’s spouse) appeals the judge of compensation claims’ (JCC’s) final order denying her claim for death benefits and funeral expenses under section 440.16, Florida Statutes (2014)....

...1st DCA 1985) (reversing deputy commissioner’s finding that employee’s death was result of compensable accident based on impermissible stacking of inferences)). Accordingly, we REVERSE the order below and REMAND for entry of an order awarding Claimant death benefits and funeral expenses under section 440.16. JAY and M.K....

...“The Judge of Industrial Claims as the trier of fact made a determination . . . that the claim for death benefits —filed more than one year after the employee’s accident — did not follow a period of continuous disability dating from the accident pursuant to § 440.16, F.S.” More specifically, the Judge of Industrial Claims made the following findings: “Claim was defended on grounds that no benefits are due, because on March 27, 1972, Michael Lupola, the deceased employee while alive was granted a lu...

...accident of June 19, 1971, and claim for compensation for death was filed within two years after the death as the claim was filed on September 21, 1972, and the death occurred on August 10, 1972. “7. While this claim does not meet requirements of Section 440.16 Florida *356 Statutes, because death did not result from the accident within 1 year thereafter, nor did death .follow continuous disability and result from the accident within 5 years thereafter, I find that if the death resulted from...

...ollowed continuous disability and resulted from the accident within 5 years thereafter, the widow’s claim for death benefits was not barred by virtue of the order approving the joint petition and stipulation for settlement, because Florida Statute 440.16 provides a separate and distinct claim for death benefits which is an independent right, derived from the Statute and not from the rights of the decedent....

...Lupola, deceased, for death benefits is denied in its entirety.” In the above order, the Judge of Industrial Claims made two errors. First, he held that: “[T]he widow’s claim for death benefits was not barred by virtue of the order approving the joint petition and stipulation for settlement because Florida Statute 440.16 provides a separate and distinct claim for death benefits which is an independent right, derived from the Statute and not from the rights of the decedent....

...That the Order of the Judge of Industrial Claims in approving this Joint Petition and Stipulation shall not be subject to modification or review under F.S. 440.20(10). (Emphasis supplied.) Thus, we must conclude that the Judge of Industrial Claims erred in holding that the claim for death benefits under Section 440.16 was not “washed-out” by the settlement entered into under Section 440.-20(10)....

...It is clear, and we so hold, that a Section 440.20(10) “washout” settlement, freely entered into by both parties, releases the employer/carrier from responsibility for any further or future benefits of any nature under the Workmen’s Compensation Act and, more specifically, under Section 440.16....

...” (Emphasis supplied.) The Judge of Industrial Claims based this finding on the fact that the claimant returned to work on August 1, 1971. We are not of the opinion however, that the mere return of claimant to work, without more, precludes a finding of “continuous disability” under Section 440.16....

..."The Judge of Industrial Claims as the trier of fact made a determination ... that the claim for death benefits — filed more than one year after the employee's accident — did not follow a period of continuous disability dating from the accident pursuant to § 440.16, F.S." More specifically, the Judge of Industrial Claims made the following findings: "Claim was defended on grounds that no benefits are due, because on March 27, 1972, Michael Lupola, the deceased employee while alive was granted a lump s...

...he accident of June 19, 1971, and claim for compensation for death was filed within two years after the death as the claim was filed on September 21, 1972, and the death occurred on August 10, 1972. "7. While this claim does not meet requirements of Section 440.16 Florida *356 Statutes, because death did not result from the accident within 1 year thereafter, nor did death follow continuous disability and result from the accident within 5 years thereafter, I find that if the death resulted from t...

...followed continuous disability and resulted from the accident within 5 years thereafter, the widow's claim for death benefits was not barred by virtue of the order approving the joint petition and stipulation for settlement, because Florida Statute 440.16 provides a separate and distinct claim for death benefits which is an independent right, derived from the Statute and not from the rights of the decedent....

...Lupola, deceased, for death benefits is denied in its entirety." In the above order, the Judge of Industrial Claims made two errors. First, he held that: "[T]he widow's claim for death benefits was not barred by virtue of the order approving the joint petition and stipulation for settlement because Florida Statute 440.16 provides a separate and distinct claim for death benefits which is an independent right, derived from the Statute and not from the rights of the decedent....

...That the Order of the Judge of Industrial Claims in approving this Joint Petition and Stipulation shall not be subject to modification or review under F.S. 440.20(10). (Emphasis supplied.) Thus, we must conclude that the Judge of Industrial Claims erred in holding that the claim for death benefits under Section 440.16 was not "washed-out" by the settlement entered into under Section 440.20(10)....

...It is clear, and we so hold, that a Section 440.20(10) "washout" settlement, freely entered into by both parties, releases the employer/carrier from responsibility for any further or future benefits of any nature under the Workmen's Compensation Act and, more specifically, under Section 440.16....

......" (Emphasis supplied.) The Judge of Industrial Claims based this finding on the fact that the claimant returned to work on August 1, 1971. We are not of the opinion however, that the mere return of claimant to work, without more, precludes a finding of "continuous disability" under Section 440.16....

...Pursuant to Florida’s Workers’ Compensation Act at that time, if an employee died and the death was covered by the Act, the employer was required to pay to the employee’s family: (1) actual funeral expenses not to exceed $5,000, Fla. Stat. § 440.16(1)(a) (1998); and (2) 66⅔% of the employee’s average weekly wage, up to a total limit of $100,000, see id. § 440.16(1)(b). 4  Case: 12-11755 Date Filed: 04/15/2013 Page: 5 of 30 death.3 Specifically, the Estate alleged that Lawns’s “use of the flatbed trailer without ret...

accident. We affirm in part and reverse in part. Section 440.16, Florida Statutes, provides for compensation

...Section 440.20(13), Florida Statutes 1945, F.S.A., provides: “The total compensation payable under this chapter for disability and death shall in no event exceed the sum of five thousand dollars in addition to any benefits under § 440.13 for medical services and treatment and under subsection (1) of § 440.16 for funeral expenses.” This court is committed to the doctrine that Workmen’s Compensation Law is notice of its provisions to employers and employees alike and that it constitutes a contract with the employer, the employee and the insurance carrier once the parties have accepted the provisions of the law....

award of statutory death benefits pursuant to Section 440.16(1), Florida Statutes (1981), no evidence whatsoever