The 2023 Florida Statutes (including Special Session C)
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. . . . § 440.16, Fla. . . .
. . . claims' (JCC's) final order denying her claim for death benefits and funeral expenses under section 440.16 . . . and REMAND for entry of an order awarding Claimant death benefits and funeral expenses under section 440.16 . . .
. . . . § 7604(d), which requests $25,371.50 in attorney fees, $440.16 in costs, and an additional. $14,462,50 . . . Plaintiffs Motion,. and awards attorney fees in the amount of $17,184.04, and costs in the amount of $440.16 . . . requested costs should be paid in full, Opp’n Mem. at 2, the Court also awards costs in the amount of $440.16 . . .
. . . salvage the statute notwithstanding, the statutory gap that resulted from the limitations in section 440.16 . . .
. . . See § 440.16, Fla. Stat. Surviving spouses, like Ms. . . .
. . . secure, the payment to his or her employees ... the compensation payable under ss. 440.13, 440.15, and 440.16 . . .
. . . order from the Judge of Compensation Claims (JCC) denying her death benefits payable under section 440.16 . . .
. . . , the payment to his or her employees ... of the compensation payable under ss. 440.13, 440.15, and 440.16 . . .
. . . . § 440.16(l)(a) (1998); and (2) 66 %% of the employee's average weekly wage, up to a total limit of . . . $100,000, see id. § 440.16(l)(b). . . . .
. . . secure, the payment to his or her employees ... the compensation payable under ss. 440.13, 440.15, and 440.16 . . .
. . . Utilizing that number, the Debtors’ monthly disposable income is $440.16. . . .
. . . an order of the Judge of Compensation Claims (JCC) that denies death benefits claimed under section 440.16 . . .
. . . , the carrier shall pay compensation directly to the employee as required by §§ 440.14, 440.15, and 440.16 . . .
. . . secure, the payment to his or her employees ... the compensation payable under ss. 440.13, 440.15, and 440.16 . . .
. . . . §§ 1-440.4; l-440.16(a)(6); 1-440.25. . . .
. . . Gen.Stat. l-440.16(b). . . .
. . . Those benefits were to be paid under section 440.16(l)(b), Florida Statutes (1995), apparently to the . . .
. . . services under the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.15, and 440.16 . . .
. . . Sanchez’s average weekly wage, the amount authorized by section 440.16(l)(b)3, Florida Statutes. . . . increase her benefits beyond the 33% percent that would apply to a surviving child, because section 440.16 . . . Subsection 440.16(l)(b)3 is not ambiguous. . . . , we nonetheless held in Johnson that this was not enough to overcome the plain language of section 440.16 . . . of the statute, while important, cannot be used to circumvent the unambiguous language of subsection 440.16 . . .
. . . “the carrier shall pay compensation directly to the employee as required by ss. 440.14, 440.15, and 440.16 . . .
. . . services under the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.15, and 440.16 . . .
. . . appeal the final order that awards the parents of Felix Yglesias death benefits pursuant to section 440.16 . . . the finding that the parents are entitled to benefits “on account of dependency upon the deceased.” § 440.16 . . .
. . . _Death benefits payable under Ssection 440.16, Florida Statutes. __ Correction of AWW and resulting Compensation . . .
. . . appeals an order of the Judge of Compensation Claims which found that the monetary limits of section 440.16 . . . The claimant applied for death benefits in the amount of $100,000, the maximum allowed under section 440.16 . . . sought to limit the total amount of claimant’s potential recovery to $50,000 in accordance with section 440.16 . . . We reverse, finding that the monetary limitation of the current version of section 440.16(7) is unconstitutional . . .
. . . . = (F) Death-benefits payable under-.section 440.16, Florida Statutes. = (6) Correction of AWW and resulting-compensation-rate . . . employee seeks medical benefits only, so indicate* If-the^petition is for death-benefits under — section—440.16 . . . are in default and are presently ripe,--duer-and-owing-7 = ££) Death benefits payable under section-440.16 . . . _Death benefits payable under Section 440.16, Florida Statutes. _ Correction of AWW and resulting Compensation . . .
. . . elect to seek medical care, treatment, and attendance, and compensation required under ss. 440.15 and 440.16 . . .
. . . Williams Co., 622 So.2d 120, 121 (Fla. 1st DCA 1993) (“Section 440.16(5) contains several provisions . . .
. . . Pursuant to section 440.16(l)(b), Florida Statutes (1995), appellee is entitled to $100,000 in workers . . .
. . . review of the Florida Workers’ Compensation Act’s limitations on compensation for death found in section 440.16 . . .
. . . secure, the payment to his employees, ... of the compensation payable under ss. 440.13, 440.15, and 440.16 . . .
. . . If the petition is for death benefits under section 440.16, Florida Statutes, items 1 through 4 of this . . . (F) Death benefits payable under section 440.16, Florida Statutes. . . . If the petition is for death benefits under section 440.16, Florida Statutes, items 1 through 4 of this . . . _(F) Death benefits payable under section 440.16, Florida Statutes. . . .
. . . compensation benefits on account of disability, death and impairment as set forth under Sections 440.15, 440.16 . . .
. . . services under the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.15, and 440.16 . . .
. . . of a judge of compensation claims denying a claim for dependent death benefits pursuant to section 440.16 . . . on the Division’s “Claim for Benefits” form, requesting “[djeathbenefits (sic) pursuant to Chapter 440.16 . . . Section 440.16, Florida Statutes, lists the beneficiaries entitled to claim compensation for death benefits . . .
. . . self-insured employer seeks review of an order which awarded benefits to appellees pursuant to section 440.16 . . .
. . . following grounds: 1) Claimant’s benefits ceased during any period of incarceration, pursuant to section 440.16 . . .
. . . &b„ Fla.Stat. (1991); 440.16(1)(a) & (c), Fla.Stat. (1991). . . . .
. . . based on the age restriction listed in section § 440.02(5), Florida Statutes, as applied to section 440.16 . . . Those sections provide, in part: § 440.16 Compensation for death.— (1) If death results from the accident . . . time of her brother’s death, contends that section 440.02(5), Florida Statutes, as applied to section 440.16 . . . McCotter Motors, Inc., 475 So.2d 230 (Fla.1985) (section 440.16(1), which limits death benefits to those . . .
. . . payable under ss. 440.13 [medical services and supplies], 440.15 [compensation for disability], and 440.16 . . .
. . . services under the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.15, and 440.16 . . .
. . . shall secure, the payment to his employees ... of the compensation payable under §§ 440.13, 440.15 and 440.16 . . . Sections 440.13, 440.15, and 440.16 of the Florida Act provide for payment to injured employees and their . . . an employee whose death results from an accident, actual funeral expenses up to $2,500.00, id. at § 440.16 . . . Id. at § 440.16(l)(b). . . . employee whose death results in an accident is payment of $2,500.00 for funeral expenses, Florida Act § 440.16 . . .
. . . As noted in that decision, section 440.16, Florida Statutes, expressly states that compensation for an . . .
. . . compensation claims (JCC) denying her claim for workers’ compensation death benefits pursuant to section 440.16 . . . Claimant subsequently filed a claim for workers’ compensation death benefits pursuant to section 440.16 . . . Section 440.16, Florida Statutes (Supp. 1986) provides, in part, as follows: (1) If death results from . . . wage, such compensation to cease upon the spouse’s death or remarriage, (emphasis supplied) Section 440.16 . . . The claimant’s argument on appeal is based on her contention that the term “accident” in section 440.16 . . .
. . . benefits on the grounds that such claim is barred by the statutes of limitations contained in sections 440.16 . . . foregoing, the Claim for Death Benefits is barred by the statute of limitations pursuant to Section 440.16 . . . Can-estrelli’s death benefits claim was section 440.16(1), Florida Statutes. . . . Rather, he concluded that section 440.16(1) barred Mrs. . . . Canestrelli’s claim for death benefits baséd on section 440.16(1), Florida Statutes. . . .
. . . services under the provisions of s. 440.13, of the compensation payable under §§ 440.13, 440.15, and 440.16 . . .
. . . Section 440.16(l)(b), Fla.Stat. (1987) allows for the payment of death benefits to “the following persons . . .
. . . fathered by someone other than the husband, to be denied death and dependency benefits under section 440.16 . . . We are aware that § 440.16(l)(b), Fla.Stat. (1987), awards compensation to "the following persons entitled . . .
. . . those benefits by virtue of a dependent child surviving a deceased employee as provided in Section 440.16 . . .
. . . appeal of the deputy commissioner’s order denying claimant death and disability benefits under Section 440.16 . . . FATHERED BY SOMEONE OTHER THAN THE HUSBAND, TO BE DENIED DEATH AND DEPENDENCY BENEFITS UNDER SECTION 440.16 . . .
. . . However, Florida Farm Bureau tendered only $1,000, citing as its reason section 440.16(7), Florida Statutes . . . Instead, they filed suit for declaratory relief on grounds that section 440.16(7) was unconstitutional . . . It found that section 440.16(7) arbitrarily discriminated against resident aliens killed in work-related . . . OVERTON, J., dissents with an opinion. .Effective July 1, 1987, section 440.16(7) has been amended to . . . See § 440.16(7), Fla.Stat. (1987). . Art. I, § 9, Fla. Const. . U.S. Const. amends. V & XIV. . Art. . . .
. . . employee to the extent that they might be entitled to death benefits under the provisions of section 440.16 . . .
. . . See Sections 440.02(13) and 440.16(2) Florida Statutes. . . . Sections 440.-02(13) and 440.16(2), relied upon by the dc, pertain to the receipt of death benefits by . . . Section 440.16(2), Florida Statutes (1979), provides in pertinent part: The dependence of a child, except . . .
. . . meaningful distinction between the operation of the statute in question and the operation of section 440.16 . . . Likewise, section 440.16(1) requires in industrial accident cases, for death benefits to be payable, . . .
. . . whether the claimant’s request for death benefits was barred by the statute of limitations under section 440.16 . . . Section 440.16(1), Florida Statutes (1985), requires the payment of death benefits when the employee . . .
. . . When an employee is killed in the course of his employment, section 440.16(l)(b), Florida Statutes (1985 . . .
. . . and carrier seek reversal of the deputy commissioner’s order awarding benefits pursuant to section 440.16 . . .
. . . This is an appeal from a final order declaring section 440.16(7), Florida Statutes (1983), unconstitutional . . . Thereafter, appellees filed their complaint for declaratory relief, alleging that section 440.16(7) was . . . The complaint alleged further that section 440.16(7) arbitrarily and unreasonably discriminated against . . . Section 440.16(7) provides: Compensation under this Chapter to aliens not residents (or about to become . . . Section 440.16(7) provides that compensation to dependents referred to therein may in no case exceed . . .
. . . Caroline was not required to prove actual dependency to be eligible for death benefits under section 440.16 . . . conclusive presumption to children over the age of eighteen who otherwise qualify for benefits since section 440.16 . . . Thus, pursuant to the definitions and terms of sections 440.02(5), 440.16(l)(b) and 440.16(2), anyone . . .
. . . However, as to the deputy’s award of statutory death benefits pursuant to Section 440.16(1), Florida . . .
. . . .-15(10)(a), Florida Statutes (Supp.1980)), and section 440.16 provides for benefits to dependents upon . . .
. . . On the other hand, appellee contends Section 440.02(5) should be read in pari mate-ria with Section 440.16 . . .
. . . The issue before the court is whether the deputy properly interpreted Florida Statutes § 440.16 in awarding . . . According to § 440.16, each child is entitled to 33½% and the parent, 25%. Obviously, since Mr. . . . Fla.Stat. § 440.16(l)(b) (Supp.1982) (emphasis added). . . . Id. § 440.16(3) (emphasis added). . . .
. . . .2d 117 (Fla. 1st DCA 1984), wherein the First District upheld the constitutional validity of section 440.16 . . . We approve the district court’s holding which declares section 440.16(1) constitutional. . . . Refusing to enforce section 440.16 because he determined that application of this statute to this case . . . The First District reversed and upheld the constitutionality of section 440.16(1) against challenges . . . Accordingly, we hold section 440.16(1) constitutional and approve the decision of the district court. . . .
. . . Under Florida’s Workers’ Compensation Law, Chapter 440.16, Florida Statutes (1981), in force on the date . . .
. . . Karen and Nadine to divide the death benefits which were to be paid by the employer pursuant to section 440.16 . . . employer to periodically check the eligibility status of all beneficiaries on death claims, section 440.16 . . .
. . . for furnishing compensation benefits to the employee, as provided under sections 440.13, 440.15 and 440.16 . . . 440.15, disability benefits, including permanent total, temporary total and wage-loss, while section 440.16 . . .
. . . Section 440.16(1), Florida Statutes, provides: If death results from the accident within one year thereafter . . . approximately nine years after his accident, appellee/widow filed this claim, contending that section 440.16 . . . payable for death after continuous disability has remained in effect since the enactment of section 440.16 . . . On that basis, he concluded that section 440.16(1), if applied to this case, would produce an unconstitutional . . . While we hold section 440.16(1), Florida Statutes, constitutional, and decline to invade the province . . .
. . . Commercial Division, 423 So.2d 981 (Fla. 1st DCA 1982), rev. denied, 430 So.2d 451 (Fla.1983); section 440.16 . . .
. . . Section 2 increases funeral expenses and other compensation for death, amending 440.16(1). . . .
. . . precluding appellant from receiving workers' compensation death benefits for dependents pursuant to section 440.16 . . .
. . . Section 440.16(l)(b), Florida Statutes (1979), provides for the recovery of compensation by “the following . . . See § 440.16(6), Florida Statutes; Moorer, 12 So.2d at 371. . . . Larson, but found it inapplicable in Terrinoni because of the clear, unambiguous language of section 440.16 . . . do not fall within that category of benefits, because they are death benefits as provided for by § 440.16 . . . the fact that children are above parents in the following statutory order of preference set out in § 440.16 . . .
. . . Daniel Rogers, the deceased employee, and therefore entitled to death benefits pursuant to Section 440.16 . . .
. . . Section 440.16, Florida Statutes, provides for compensation to be paid to those persons found to be dependent . . .
. . . Section 440.16(6) provides: Relationship to the deceased giving right to compensation under the provisions . . .
. . . .-15, and 440.16. . . .
. . . 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 . . . Section 440.16(1)(b)4 states: 440.16 Compensation for death.— (1) If death results from the accident . . . We consider that the provisions of Section 440.16 should be read in pari mate-ria to achieve the statutory . . . whether such payments had the effect of relieving the mother of dependency as contemplated by Section 440.16 . . .
. . . Because section 440.16(1), Florida Statutes (1975) provides for an award of “[ajctual funeral expenses . . .
. . . that the parents were dependent upon the deceased worker and entitled to death benefit's under Section 440.16 . . . Since nieces are not statutory dependents under Section 440.16, Florida Statutes (1979), they should . . .
. . . action in the circuit court for a declaratory judgment that the blanket five-year limitation in Section 440.16 . . . The provision states: 440.16 Compensation for death. (1) If death results from the accident within 1 . . . See Sec. 440.16(l)(b), Fla.Stat. (1979). . . .
. . . .-15, and 440.16. 440.11 Exclusiveness of liability.— (1) The liability of an employer prescribed in . . .
. . . In my judgment the award of workers’ compensation dependency benefits under Section 440.16, Florida Statutes . . . should be excluded from consideration because those persons are not among those permitted by Section 440.16 . . . This is an appeal from a workers’ compensation order awarding compensation benefits under § 440.16, Florida . . .
. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .
. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .
. . . See § 440.16(2), Fla.Stat. (1975). . . .
. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .
. . . services under the provisions of section 440.13 of the compensation payable under §§ 440.13, 440.15, and 440.16 . . .
. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .
. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .
. . . Govan when he died and that the accident was compensable under the Florida Workmen’s Compensation law § 440.16 . . . Shipman, 5 Cir., 1969, 389 F.2d 507, on rehearing, 5 Cir., 411 F.2d 365. . 440.16 Compensation for death . . . and in the following order of preference (subject to the limitation provided in paragraph (c) of § 440.16 . . .
. . . shall secure the payment to his employees of the compensation payable under Sections 440.13, 440.15 and 440.16 . . .
. . . Claims that the mother and four minor siblings of a deceased employee were his dependents under Section 440.16 . . . Decedent’s mother is, under that decision, a dependent under Section 440.16. . . . Section 440.16 provides that if any employee dies, then the employer shall pay: “(2) Compensation ... . . .
. . . present value of the claimant widow’s entitlement to dependency benefits under the provisions of Section 440.16 . . .
. . . for death benefits at the time of the accident was $15,000 (increased to $25,000 in 1973, see F.S. 440.16 . . .
. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .
. . . accident — did not follow a period of continuous disability dating from the accident pursuant to § 440.16 . . . While this claim does not meet requirements of Section 440.16 Florida Statutes, because death did not . . . virtue of the order approving the joint petition and stipulation for settlement, because Florida Statute 440.16 . . . virtue of the order approving the joint petition and stipulation for settlement because Florida Statute 440.16 . . . that the Judge of Industrial Claims erred in holding that the claim for death benefits under Section 440.16 . . .
. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .
. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .
. . . making the Act the exclusive source of liability of the employer if the employee has accepted the Act; § 440.16 . . . compensation for death relate directly to dependency, except for funeral expenses in the amount of $500.00; § 440.16 . . . Compensation law limits the recovery in this action to $500.00 [funeral expenses under Fla.Stat. § 440.16 . . . When that child is an employee, redress is still available under Fla.Stat. § 440.16, F.S.A., if the child . . . Fourth, the requirement of dependency for compensation in the event of death under Fla.Stat. § 440.16 . . . The “compensation for death” section of the Act, Section 440.16, provides that the employer shall be . . .
. . . . § 440.16, F.S.A. . . .
. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .