Annotations, Discussions, Cases:
Cases Citing Statute 440.16
Total Results: 92
184 So. 2d 229, 24 A.L.R. 3d 1359, 1966 Fla. App. LEXIS 5660
District Court of Appeal of Florida | Filed: Mar 15, 1966 | Docket: 1735542
Cited 34 times | Published
...* * * * * * * * * "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....
418 So. 2d 1143
District Court of Appeal of Florida | Filed: Aug 23, 1982 | Docket: 1686172
Cited 32 times | Published
...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, ......
268 So. 2d 363
Supreme Court of Florida | Filed: Oct 25, 1972 | Docket: 1476990
Cited 24 times | Published
...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....
245 So. 2d 76
Supreme Court of Florida | Filed: Feb 17, 1971 | Docket: 1356243
Cited 24 times | Published
...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....
543 So. 2d 204, 14 Fla. L. Weekly 92, 1989 Fla. LEXIS 163, 1989 WL 21085
Supreme Court of Florida | Filed: Mar 9, 1989 | Docket: 1729784
Cited 21 times | Published
...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....
85 So. 2d 619
Supreme Court of Florida | Filed: Feb 22, 1956 | Docket: 1290710
Cited 21 times | Published
...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....
11 So. 2d 303, 152 Fla. 96, 1942 Fla. LEXIS 705
Supreme Court of Florida | Filed: Dec 18, 1942 | Docket: 3259688
Cited 21 times | Published
of the law [Section 16, paragraph (g), now Section 440.16, paragprah (7), Florida Statutes, 1941] providing
93 So. 2d 874
Supreme Court of Florida | Filed: Mar 29, 1957 | Docket: 1502484
Cited 15 times | Published
...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....
12 So. 2d 370, 152 Fla. 520, 1943 Fla. LEXIS 959
Supreme Court of Florida | Filed: Mar 9, 1943 | Docket: 3269164
Cited 11 times | Published
station in life require better clothes . . . ." Section 440.16 Fla. Stats. 1941, provides that if death results
406 So. 2d 1216
District Court of Appeal of Florida | Filed: Dec 1, 1981 | Docket: 449768
Cited 11 times | Published
...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....
469 So. 2d 155, 50 Fair Empl. Prac. Cas. (BNA) 458, 10 Fla. L. Weekly 1129, 1985 Fla. App. LEXIS 13817
District Court of Appeal of Florida | Filed: May 7, 1985 | Docket: 1372080
Cited 10 times | Published
...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....
475 So. 2d 230, 10 Fla. L. Weekly 443
Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 1302008
Cited 7 times | Published
...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: ......
70 So. 2d 345, 1953 Fla. LEXIS 1846
Supreme Court of Florida | Filed: Dec 11, 1953 | Docket: 1277780
Cited 6 times | Published
...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....
140 So. 2d 868
Supreme Court of Florida | Filed: May 2, 1962 | Docket: 427401
Cited 5 times | Published
...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....
117 So. 2d 487
Supreme Court of Florida | Filed: Jan 27, 1960 | Docket: 1706326
Cited 5 times | Published
...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....
70 So. 2d 505, 1954 Fla. LEXIS 1256
Supreme Court of Florida | Filed: Feb 19, 1954 | Docket: 2513130
Cited 5 times | Published
...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....
504 So. 2d 1276, 11 Fla. L. Weekly 2503
District Court of Appeal of Florida | Filed: Dec 2, 1986 | Docket: 453493
Cited 5 times | Published
...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....
386 So. 2d 1287, 1980 Fla. App. LEXIS 17486
District Court of Appeal of Florida | Filed: Aug 12, 1980 | Docket: 477509
Cited 5 times | Published
...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....
248 So. 3d 212
District Court of Appeal of Florida | Filed: May 7, 2018 | Docket: 6773033
Cited 4 times | Published
date of injury, it could have done so. Cf. § 440.16, Fla. Stat. (2014) (“Relationship to the deceased
18 So. 2d 537, 154 Fla. 648, 1944 Fla. LEXIS 779
Supreme Court of Florida | Filed: Jun 27, 1944 | Docket: 3263927
Cited 4 times | Published
of dependency as contemplated *Page 649 by Section 440.16, Florida Statutes, 1941 (Workmen's Compensation
564 So. 2d 1118, 1990 Fla. App. LEXIS 4534, 1990 WL 85449
District Court of Appeal of Florida | Filed: Jun 21, 1990 | Docket: 1294579
Cited 4 times | Published
...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....
511 So. 2d 971, 12 Fla. L. Weekly 335
Supreme Court of Florida | Filed: Jul 9, 1987 | Docket: 1338975
Cited 4 times | Published
...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....
723 So. 2d 866, 1998 WL 842774
District Court of Appeal of Florida | Filed: Dec 2, 1998 | Docket: 1693628
Cited 4 times | Published
...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....
511 So. 2d 690, 12 Fla. L. Weekly 1964
District Court of Appeal of Florida | Filed: Aug 12, 1987 | Docket: 1700763
Cited 4 times | Published
...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....
754 So. 2d 840, 2000 WL 354199
District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 1523478
Cited 4 times | Published
...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....
714 F.3d 1220, 2013 WL 1501654, 2013 U.S. App. LEXIS 7469
Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2013 | Docket: 297393
Cited 4 times | Published
...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...
375 So. 2d 32
District Court of Appeal of Florida | Filed: Sep 12, 1979 | Docket: 1353029
Cited 3 times | Published
...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....
172 So. 2d 834
District Court of Appeal of Florida | Filed: Mar 17, 1965 | Docket: 1764716
Cited 3 times | Published
...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....
152 So. 3d 557, 39 Fla. L. Weekly Supp. 721, 2014 Fla. LEXIS 3555, 2014 WL 6836320
Supreme Court of Florida | Filed: Dec 4, 2014 | Docket: 2611558
Cited 3 times | Published
...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....
566 So. 2d 915, 1990 WL 133220
District Court of Appeal of Florida | Filed: Sep 12, 1990 | Docket: 1529193
Cited 2 times | Published
...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....
194 So. 3d 311, 2016 WL 3191086
Supreme Court of Florida | Filed: Jun 9, 2016 | Docket: 3072274
Cited 2 times | Published
statutory gap that resulted from the limitations in section 440.16(2)(a) is a plain denial of the right of access
432 So. 2d 812
District Court of Appeal of Florida | Filed: Jun 15, 1983 | Docket: 1677333
Cited 2 times | Published
...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)....
103 So. 2d 661, 1958 Fla. App. LEXIS 2902
District Court of Appeal of Florida | Filed: Jun 11, 1958 | Docket: 60190315
Cited 2 times | Published
Sec. 63, pages 101-102. Under our statute, Section 440.16, the dependency status is fixed as of the date
559 So. 2d 720, 1990 WL 43144
District Court of Appeal of Florida | Filed: Apr 16, 1990 | Docket: 1519431
Cited 2 times | Published
...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....
435 So. 2d 339
District Court of Appeal of Florida | Filed: Jul 22, 1983 | Docket: 1328615
Cited 1 times | Published
...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....
99 So. 2d 877
District Court of Appeal of Florida | Filed: Jan 22, 1958 | Docket: 64490024
Cited 1 times | Published
and treatment, and under Subsection (1) of Section 440.16 for funeral expenses.” Since the Carrier paid
599 So. 2d 181, 1992 WL 85089
District Court of Appeal of Florida | Filed: Apr 30, 1992 | Docket: 1483645
Cited 1 times | Published
...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....
438 So. 2d 946, 1983 Fla. App. LEXIS 22424
District Court of Appeal of Florida | Filed: Oct 4, 1983 | Docket: 64600001
Published
compensation death benefits for dependents pursuant to section 440.16, Florida Statutes. Substantial competent evidence
75 So. 2d 207, 1954 Fla. LEXIS 1786
Supreme Court of Florida | Filed: Oct 19, 1954 | Docket: 64486005
Published
of his employment but left no dependents. ,, Section 440.16(2), F.S.1951, F.S.A., provides in part as follows:
322 So. 2d 900, 1975 Fla. LEXIS 4391
Supreme Court of Florida | Filed: Nov 14, 1975 | Docket: 64550750
Published
was $15,000 (increased to $25,000 in 1973, see F.S. 440.16, Laws 1973, 73-127, § 6) and since the accident
399 So. 2d 93, 1981 Fla. App. LEXIS 19970
District Court of Appeal of Florida | Filed: May 28, 1981 | Docket: 64582949
Published
workers’ compensation dependency benefits under Section 440.16, Florida Statutes (1975), to persons who stood
329 So. 2d 3, 1976 Fla. LEXIS 4282
Supreme Court of Florida | Filed: Mar 10, 1976 | Docket: 64552944
Published
deceased employee were his dependents under Section 440.16, Florida Statutes (1973).1 Hugh Dorsey Ledger
410 So. 2d 597, 1982 Fla. App. LEXIS 19340
District Court of Appeal of Florida | Filed: Mar 1, 1982 | Docket: 64588260
Published
worker and entitled to death benefit's under Section 440.16, Florida Statutes (1979). The flaw in the deputy
451 So. 2d 967, 1984 Fla. App. LEXIS 13541
District Court of Appeal of Florida | Filed: Jun 12, 1984 | Docket: 64605482
Published
1982), rev. denied, 430 So.2d 451 (Fla.1983); section 440.16(6), Florida Statutes (1981). MILLS, SHIVERS
Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4108655
Published
dissenting) (disagreeing with the holding that section 440.16(1), which provides that for a death to be
214 So. 2d 1, 1968 Fla. LEXIS 2086
Supreme Court of Florida | Filed: Jul 31, 1968 | Docket: 64506673
Published
the amount of award— 350 weeks pursuant to Section 440.16(2)— but his reasons given for reaching such
453 So. 2d 117, 1984 Fla. App. LEXIS 14091
District Court of Appeal of Florida | Filed: Jul 3, 1984 | Docket: 64606016
Published
total disability benefits throughout that time. Section 440.16(1), Florida Statutes, provides: If death results
74 So. 2d 69, 1954 Fla. LEXIS 1086
Supreme Court of Florida | Filed: Jul 20, 1954 | Docket: 64485904
Published
compensation for the death of her husband under Section 440.16, F.S., F.S.A., unless the same was modified
212 So. 2d 768, 1968 Fla. LEXIS 2183
Supreme Court of Florida | Filed: Jul 17, 1968 | Docket: 64506210
Published
in the award under the provisions of Fla.Stat. § 440.16(2) (c), F.S.A. (1965). The children, through their
118 So. 2d 54
District Court of Appeal of Florida | Filed: Feb 5, 1960 | Docket: 60194461
Published
for dependency benefits brought ■pursuant to section 440.16, Florida Statutes, F.S.A., on behalf of the
108 So. 2d 624
District Court of Appeal of Florida | Filed: Feb 3, 1959 | Docket: 60191663
Published
meaning of the Workmen’s Compensation Act. See § 440.16(2) (e), Fla.Stat., F.S.A. We are not called upon
85 So. 2d 228
Supreme Court of Florida | Filed: Feb 3, 1956 | Docket: 64487584
Published
was not barred by the Statute of Limitations. Section 440.16, Florida Statutes, F.S.A., provides the amount
484 So. 2d 50, 11 Fla. L. Weekly 454
District Court of Appeal of Florida | Filed: Feb 18, 1986 | Docket: 1344233
Published
...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....
327 So. 2d 888, 1976 Fla. App. LEXIS 14764
District Court of Appeal of Florida | Filed: Feb 10, 1976 | Docket: 64552706
Published
dependency benefits under the provisions of Section 440.16, Florida Statutes. “9. In addition to the
423 So. 2d 981, 1982 Fla. App. LEXIS 21904
District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 64594091
Published
the deceased,” to the spouse, children, etc. Section 440.-16(l)(b)l., 2., and 3., Florida Statutes. See
District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71154551
Published
Siena in her suit for death benefits under section 440.16, Florida Statutes. When the judge of compensation
413 So. 2d 164, 1982 Fla. App. LEXIS 19878
District Court of Appeal of Florida | Filed: Apr 29, 1982 | Docket: 64589627
Published
00 for payment of funeral expenses.” Because section 440.16(1), Florida Statutes (1975) provides for an
243 So. 3d 1046
District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366196
Published
for death benefits and funeral expenses under section 440.16, Florida Statutes (2014). In the order, the
293 So. 2d 354, 1974 Fla. LEXIS 4197
Supreme Court of Florida | Filed: Apr 17, 1974 | Docket: 64538498
Published
disability dating from the accident pursuant to § 440.16, F.S.” More specifically, the Judge of Industrial
293 So. 2d 354
Supreme Court of Florida | Filed: Apr 17, 1974 | Docket: 1754523
Published
..."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....
Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2013 | Docket: 2903244
Published
...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...
429 So. 2d 826, 1983 Fla. App. LEXIS 19052
District Court of Appeal of Florida | Filed: Apr 14, 1983 | Docket: 64596386
Published
accident. We affirm in part and reverse in part. Section 440.16, Florida Statutes, provides for compensation
121 So. 2d 793, 1960 Fla. LEXIS 2183
Supreme Court of Florida | Filed: Apr 13, 1960 | Docket: 60195259
Published
services and treatment and under subsection (1) of § 440.16 for funeral expenses.” This court is committed
