Florida Statute 440.16 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

F.S. 440.16

440.16 Compensation for death.—

(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:

(a) Within 14 days after receiving the bill, actual funeral expenses not to exceed $7,500.

(b) Compensation, in addition to the above, in the following percentages of the average weekly wages to the following persons entitled thereto on account of dependency upon the deceased, and in the following order of preference, subject to the limitation provided in subparagraph 2., but such compensation 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, 662/3 or 66.67 percent of the average wage:

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.

2. To the spouse, if there is a child or children, the compensation payable under subparagraph 1. and, in addition, 162/3 percent on account of the child or children. However, when the deceased is survived by a spouse and also a child or children, whether such child or children are the product of the union existing at the time of death or of a former marriage or marriages, the judge of compensation claims may provide for the payment of compensation in such manner as may appear to the judge of compensation claims just and proper and for the best interests of the respective parties and, in so doing, may provide for the entire compensation to be paid exclusively to the child or children; and, in the case of death of such spouse, 331/3 percent for each child. However, upon the surviving spouse’s remarriage, the spouse shall be entitled to a lump-sum payment equal to 26 weeks of compensation at the rate of 50 percent of the average weekly wage as provided in s. 440.12(2), unless the $150,000 limit provided in this paragraph is exceeded, in which case the surviving spouse shall receive a lump-sum payment equal to the remaining available benefits in lieu of any further indemnity benefits. In no case shall a surviving spouse’s acceptance of a lump-sum payment affect payment of death benefits to other dependents.

3. To the child or children, if there is no spouse, 331/3 percent for each child.

4. To the parents, 25 percent to each, such compensation to be paid during the continuance of dependency.

5. To the brothers, sisters, and grandchildren, 15 percent for each brother, sister, or grandchild.

(c) To the surviving spouse, payment of postsecondary student fees for instruction at any career center established under s. 1001.44 for up to 1,800 classroom hours or payment of student fees at any community college established under part III of chapter 1004 for up to 80 semester hours. The spouse of a deceased state employee shall be entitled to a full waiver of such fees as provided in ss. 1009.22 and 1009.23 in lieu of the payment of such fees. The benefits provided for in this paragraph shall be in addition to other benefits provided for in this section and shall terminate 7 years after the death of the deceased employee, or when the total payment in eligible compensation under paragraph (b) has been received. To qualify for the educational benefit under this paragraph, the spouse shall be required to meet and maintain the regular admission requirements of, and be registered at, such career center or community college, and make satisfactory academic progress as defined by the educational institution in which the student is enrolled.

(2) The dependence of a child, except a child physically or mentally incapacitated from earning a livelihood, shall terminate with 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.

(3) Where, because of the limitation in paragraph (1)(b), a person or class of persons cannot receive the percentage of compensation specified as payable to or on account of such person or class, there shall be available to such person or class that proportion of such percentage as, when added to the total percentage payable to all persons having priority of preference, will not exceed a total of said 662/3 or 66.67 percent, which proportion shall be paid:

(a) To such person; or

(b) To such class, share and share alike, unless the judge of compensation claims determines otherwise in accordance with the provisions of subsection (4).

(4) If the judge of compensation claims determines that payments in accordance with paragraph (3)(b) would provide no substantial benefit to any person of such class, the judge of compensation claims may provide for the payment of such compensation to the person or persons within such class who the judge of compensation claims considers will be most benefited by such payment.

(5) Upon the cessation of compensation under this section to any person, the compensation of the remaining persons entitled to compensation, for the unexpired part of the period during which their compensation is payable, shall be that which such persons would have received if they had been the only persons entitled to compensation at the time of the decedent’s death.

(6) 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.

History.—s. 16, ch. 17481, 1935; s. 7, ch. 18413, 1937; CGL 1936 Supp. 5966(16); s. 5, ch. 20672, 1941; s. 1, ch. 26966, 1951; ss. 4-6, ch. 28241, 1953; s. 1, ch. 57-143; s. 2, ch. 67-239; ss. 17, 35, ch. 69-106; s. 6, ch. 73-127; s. 11, ch. 74-197; s. 8, ch. 75-209; s. 23, ch. 78-300; ss. 12, 124, ch. 79-40; ss. 9, 21, ch. 79-312; s. 2, ch. 82-237; s. 11, ch. 86-171; s. 4, ch. 87-330; ss. 13, 43, ch. 89-289; ss. 21, 56, ch. 90-201; ss. 19, 52, ch. 91-1; s. 28, ch. 91-46; s. 62, ch. 92-136; s. 21, ch. 93-415; s. 3, ch. 98-125; s. 1002, ch. 2002-387; s. 20, ch. 2003-412; s. 56, ch. 2004-64; s. 39, ch. 2004-357; s. 3, ch. 2014-109.

F.S. 440.16 on Google Scholar

F.S. 440.16 on CourtListener

Amendments to 440.16

Annotations, Discussions, Cases:

Cases Citing Statute 440.16

Total Results: 92

Standard Accident Insurance Company v. Gavin

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

workmen's compensation policy is governed by Section 440.16, which applied to the facts here would be:

Terrinoni v. WESTWARD HO!

418 So. 2d 1143

District Court of Appeal of Florida | Filed: Aug 23, 1982 | Docket: 1686172

Cited 32 times | Published

was not entitled to dependency benefits under Section 440.16(1)(b)4, Florida Statutes (1979). We affirm

Mullarkey v. Florida Feed Mills, Inc.

268 So. 2d 363

Supreme Court of Florida | Filed: Oct 25, 1972 | Docket: 1476990

Cited 24 times | Published

employer if the employee has accepted the Act; § 440.16, making compensation for death relate directly

Tingle v. Dade County Board of County Com'rs

245 So. 2d 76

Supreme Court of Florida | Filed: Feb 17, 1971 | Docket: 1356243

Cited 24 times | Published

maximum compensation within statutory limits (F.S. § 440.16, F.S.A.) of 350 weeks and reimbursement of one

De Ayala v. Florida Farm Bureau Cas. Ins. Co.

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

1987), which upheld the constitutionality of section 440.16(7), Florida Statutes (1983). We have jurisdiction

Great American Indemnity Company v. Williams

85 So. 2d 619

Supreme Court of Florida | Filed: Feb 22, 1956 | Docket: 1290710

Cited 21 times | Published

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

C. F. Wheeler Company v. Pullins

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

Lollie v. General American Tank Storage Terminals

34 So. 2d 306, 160 Fla. 208, 1948 Fla. LEXIS 643

Supreme Court of Florida | Filed: Feb 27, 1948 | Docket: 3268049

Cited 16 times | Published

and treatment, and under subsection (1) of Section 440.16, for funeral expenses." *Page 212 The total

Teel v. Nolen Brown Motors

93 So. 2d 874

Supreme Court of Florida | Filed: Mar 29, 1957 | Docket: 1502484

Cited 15 times | Published

deceased. However, under the authority granted by Section 440.16(2) (c), Florida Statutes, F.S.A., he exercised

LaBella v. Food Fair, Inc.

406 So. 2d 1216

District Court of Appeal of Florida | Filed: Dec 1, 1981 | Docket: 449768

Cited 11 times | Published

judgment that the blanket five-year limitation in Section 440.16(1), Florida Statutes (1979) is unconstitutional

Moorer v. Putnam Lumber Co.

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

Brown v. Winn-Dixie Montgomery, Inc.

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

total, temporary total and wage-loss, while section 440.16 provides death compensation benefits to designated

Florida Industrial Commission v. Felda Lumber Co.

18 So. 2d 362, 154 Fla. 507, 1944 Fla. LEXIS 747

Supreme Court of Florida | Filed: Jun 9, 1944 | Docket: 3270378

Cited 8 times | Published

the death of Allen under the provisions of Section 440.16 (2) (g), Fla. Stat. 1941, (same F.S.A. 1941)

Newton v. McCotter Motors, Inc.

475 So. 2d 230, 10 Fla. L. Weekly 443

Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 1302008

Cited 7 times | Published

District upheld the constitutional validity of section 440.16(1), Florida Statutes[*] which requires, in

Phillips v. City of West Palm Beach

70 So. 2d 345, 1953 Fla. LEXIS 1846

Supreme Court of Florida | Filed: Dec 11, 1953 | Docket: 1277780

Cited 6 times | Published

services and treatment and under subsection (1) of § 440.16 for funeral expenses." The Laws of 1947, Chapter

General Elec. v. DeCubas

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

dependency to be eligible for death benefits under section 440.16(1)(b), since she was a twenty-year-old full-time

White v. Roundtree Transport, Inc.

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

known as Lanza, Sevier & Womack, P.A. [2] See § 440.16(2), Fla. Stat. (1975).

Hampton v. OWENS-ILLINOIS GLASS, CO., PAPER PROD. DIV.

140 So. 2d 868

Supreme Court of Florida | Filed: May 2, 1962 | Docket: 427401

Cited 5 times | Published

to the industrial accident. She then applied Section 440.16(2), Florida Statutes, F.S.A., which allows

MacDon Lumber Co. v. Stevenson

117 So. 2d 487

Supreme Court of Florida | Filed: Jan 27, 1960 | Docket: 1706326

Cited 5 times | Published

does not appear to be any such provision in Section 440.16, Florida Statutes, for making the award in

Hecht v. Parkinson

70 So. 2d 505, 1954 Fla. LEXIS 1256

Supreme Court of Florida | Filed: Feb 19, 1954 | Docket: 2513130

Cited 5 times | Published

date of the accident, but prior to his death, section 440.16, Florida Statutes 1951, was amended so as to

Domino's Pizza v. Wiederhold

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

Leticia Morales v. Zenith Insurance Company

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

funeral expenses not to exceed $5,000, Fla. Stat. § 440.16(l)(a) (1998); and (2) 66 %% of the employee's

National Union Fire Ins. Co. v. Blackmon

754 So. 2d 840, 2000 WL 354199

District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 1523478

Cited 4 times | Published

the Blackmon's 23 year old son. Pursuant to section 440.16(1)(b), Florida Statutes (1995), appellee is

Flying Boat, Inc. v. Alberto

723 So. 2d 866, 1998 WL 842774

District Court of Appeal of Florida | Filed: Dec 2, 1998 | Docket: 1693628

Cited 4 times | Published

limitations on compensation for death found in section 440.16, Florida Statutes, supports the trial court's

Suburban Propane v. Estate of Pitcher

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

the accident pursuant to the provisions of Section 440.16, Florida Statutes (1989), on behalf of the

Wood v. Harry Harmon Insulation

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 statute in question and the operation of section 440.16(1), Florida Statutes. Section 440.151(1)(a)

Coon v. Continental Ins. Co.

511 So. 2d 971, 12 Fla. L. Weekly 335

Supreme Court of Florida | Filed: Jul 9, 1987 | Docket: 1338975

Cited 4 times | Published

is killed in the course of his employment, section 440.16(1)(b), *975 Florida Statutes (1985),[*] provides

Palm Beach Dairy Company v. Ryan

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

Leticia Morales v. Zenith Insurance Company

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

beneficiaries, including the spouse and children. See § 440.16, Fla. Stat. Surviving spouses, like Ms. Morales

Metropolitan Dade County v. Shelton

375 So. 2d 32

District Court of Appeal of Florida | Filed: Sep 12, 1979 | Docket: 1353029

Cited 3 times | Published

employee. These benefits would terminate under Section 440.16(2)(a) Florida Statutes (1977) if the widow

Security Mutual Casualty Co. v. Grice

172 So. 2d 834

District Court of Appeal of Florida | Filed: Mar 17, 1965 | Docket: 1764716

Cited 3 times | Published

ground that compensation under the terms of F.S. Section 440.16, F.S.A. ceased when the widow recovered from

& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal

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

Blackburn for Blackburn v. Taylor

566 So. 2d 915, 1990 WL 133220

District Court of Appeal of Florida | Filed: Sep 12, 1990 | Docket: 1529193

Cited 2 times | Published

of proof by competent substantial evidence. Section 440.16(1)(b), Fla. Stat. (1987) allows for the payment

Globe SEC. v. Pringle

559 So. 2d 720, 1990 WL 43144

District Court of Appeal of Florida | Filed: Apr 16, 1990 | Docket: 1519431

Cited 2 times | Published

surviving a deceased employee as provided in Section 440.16, Florida Statutes. [2] Section 440.13(2)(a)

Cone Brothers Contracting v. Rogers

432 So. 2d 812

District Court of Appeal of Florida | Filed: Jun 15, 1983 | Docket: 1677333

Cited 2 times | Published

therefore entitled to death benefits pursuant to Section 440.16, Florida Statutes (1981). Because of the lack

Paul Spellman, Inc. v. Spellman

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

City of Miami v. Dwight

637 So. 2d 981, 1994 Fla. App. LEXIS 5346, 1994 WL 241734

District Court of Appeal of Florida | Filed: Jun 7, 1994 | Docket: 64748854

Cited 1 times | Published

which awarded benefits to appellees pursuant to section 440.16, Florida Statutes (1989), on account of the

Carroll Steel Erectors v. Alderman

599 So. 2d 181, 1992 WL 85089

District Court of Appeal of Florida | Filed: Apr 30, 1992 | Docket: 1483645

Cited 1 times | Published

that dependency. As noted in that decision, section 440.16, Florida Statutes, expressly states that compensation

Wise v. EL Copeland Builders

435 So. 2d 339

District Court of Appeal of Florida | Filed: Jul 22, 1983 | Docket: 1328615

Cited 1 times | Published

and we agree, that conclusion was erroneous. Section 440.16(1)(b), Florida Statutes (1979), provides for

Williams v. American Surety Co.

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

Christy Siena v. Orange County Fire Rescue and CCMSI

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

Beverly Inmon, surviving spouse of Matthew etc. v. Convergence Employee Leasing III, Inc.

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

SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal – Corrected Opinion

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

Hamm ex rel. Hamm v. PMI Employee Leasing

134 So. 3d 1150, 2014 WL 1356792, 2014 Fla. App. LEXIS 5112

District Court of Appeal of Florida | Filed: Apr 7, 2014 | Docket: 60239054

Published

(JCC) denying her death benefits payable under section 440.16, Florida Statutes (2012). The Employer/Carrier

Leticia Morales v. Zenith Insurance Company

Court of Appeals for the Eleventh Circuit | Filed: Apr 15, 2013 | Docket: 2903244

Published

funeral expenses not to exceed $5,000, Fla. Stat. § 440.16(1)(a) (1998); and (2) 66⅔% of the employee’s average

Stokes v. Schindler Elevator Corp./Broadspire

60 So. 3d 1110, 2011 Fla. App. LEXIS 6601, 2011 WL 1744156

District Court of Appeal of Florida | Filed: May 9, 2011 | Docket: 60300061

Published

(JCC) that denies death benefits claimed under section 440.16(l)(a)-(b), Florida Statutes (2006). Claimant

USAA Casualty Insurance Co. v. McDermott

929 So. 2d 1114, 2006 Fla. App. LEXIS 7873, 2006 WL 1359640

District Court of Appeal of Florida | Filed: May 19, 2006 | Docket: 64844797

Published

carrier. Those benefits were to be paid under section 440.16(l)(b), Florida Statutes (1995), apparently

Bestone East Coast USA Corp. v. Sanchez

899 So. 2d 379, 2005 Fla. App. LEXIS 4289, 2005 WL 700955

District Court of Appeal of Florida | Filed: Mar 29, 2005 | Docket: 64837628

Published

average weekly wage, the amount authorized by section 440.16(l)(b)3, Florida Statutes. Miss Sanchez then

Winn Dixie Stores, Inc. v. Yglesias

831 So. 2d 1233, 2002 Fla. App. LEXIS 18201, 2002 WL 31769160

District Court of Appeal of Florida | Filed: Dec 12, 2002 | Docket: 64819374

Published

of Felix Yglesias death benefits pursuant to section 440.16(l)(b)4., Florida Statutes (1999). While we

Lopez v. Ideal Roofing Systems

821 So. 2d 453, 2002 Fla. App. LEXIS 10123, 2002 WL 1586902

District Court of Appeal of Florida | Filed: Jul 19, 2002 | Docket: 64816425

Published

Claims which found that the monetary limits of section 440.16(7) apply to a claim for survivor’s benefits

Amendments to the Florida Rules of Workers' Compensation Procedure

795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 64808988

Published

owing. = (F) Death-benefits payable under-.section 440.16, Florida Statutes. = (6) Correction of AWW

Irving v. Ametek, Inc.

756 So. 2d 1045, 2000 Fla. App. LEXIS 4194, 2000 WL 353479

District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 64797037

Published

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

In re Amendments to the Florida Rules of Workers' Compensation Procedure

674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64765026

Published

If the petition is for death benefits under section 440.16, Florida Statutes, items 1 through 4 of this

Stallings v. F.M.C. Corp.

651 So. 2d 724, 1995 Fla. App. LEXIS 1850, 1995 WL 73570

District Court of Appeal of Florida | Filed: Feb 24, 1995 | Docket: 64754852

Published

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

Rodriguez v. Prestress Decking Corp.

611 So. 2d 59, 1992 Fla. App. LEXIS 13343, 1992 WL 385372

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 64693134

Published

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

Crews v. Department of Transportation

591 So. 2d 291, 1991 Fla. App. LEXIS 12222, 1991 WL 257734

District Court of Appeal of Florida | Filed: Dec 9, 1991 | Docket: 64664230

Published

workers’ compensation death benefits pursuant to section 440.16, Florida Statutes (Supp.1986). We affirm for

Canestrelli v. Torneos Medievales

579 So. 2d 206, 1991 Fla. App. LEXIS 3629, 1991 WL 60015

District Court of Appeal of Florida | Filed: Apr 22, 1991 | Docket: 64658598

Published

barred by the statute of limitations pursuant to Section 440.16(1) of the Florida Statutes. The Employee’s

Theis v. City of Miami

564 So. 2d 117, 15 Fla. L. Weekly Supp. 315, 1990 Fla. LEXIS 741, 1990 WL 74592

Supreme Court of Florida | Filed: May 31, 1990 | Docket: 64651597

Published

denied death and dependency benefits under section 440.16, Florida Statutes (1987). We have jurisdiction

Theis v. City of Miami

545 So. 2d 357, 14 Fla. L. Weekly 1260, 1989 Fla. App. LEXIS 2940, 1989 WL 52827

District Court of Appeal of Florida | Filed: May 23, 1989 | Docket: 64643266

Published

claimant death and disability benefits under Section 440.16, Florida Statutes (1987), on grounds that claimant

Williams v. Freedom Trucking, Inc.

538 So. 2d 134, 14 Fla. L. Weekly 460, 1989 Fla. App. LEXIS 624, 1989 WL 10989

District Court of Appeal of Florida | Filed: Feb 14, 1989 | Docket: 64640350

Published

entitled to death benefits under the provisions of section 440.16, Florida Statutes. The deputy commissioner

Sam Bloom Plumbing Co. v. Boykin

513 So. 2d 193, 12 Fla. L. Weekly 2203, 1987 Fla. App. LEXIS 12171

District Court of Appeal of Florida | Filed: Sep 10, 1987 | Docket: 64629769

Published

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

McCollough v. Raes Enterprises

511 So. 2d 665, 12 Fla. L. Weekly 1908, 1987 Fla. App. LEXIS 9658

District Court of Appeal of Florida | Filed: Aug 5, 1987 | Docket: 64628978

Published

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

Electrical Motor Service v. Tiralosi

506 So. 2d 98, 12 Fla. L. Weekly 1150, 1987 Fla. App. LEXIS 7954

District Court of Appeal of Florida | Filed: May 5, 1987 | Docket: 64626730

Published

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

Florida Farm Bureau Casualty Insurance Co. v. Ayala

501 So. 2d 1346, 12 Fla. L. Weekly 343, 1987 Fla. App. LEXIS 6386

District Court of Appeal of Florida | Filed: Jan 21, 1987 | Docket: 64624836

Published

This is an appeal from a final order declaring section 440.16(7), Florida Statutes (1983), unconstitutional

Dean Jaye Construction v. Johnson ex rel. Johnson

486 So. 2d 664, 11 Fla. L. Weekly 868, 1986 Fla. App. LEXIS 7376

District Court of Appeal of Florida | Filed: Apr 10, 1986 | Docket: 64618509

Published

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

Buono v. City of Riviera Beach

484 So. 2d 50, 11 Fla. L. Weekly 454

District Court of Appeal of Florida | Filed: Feb 18, 1986 | Docket: 1344233

Published

15(10)(a), Florida Statutes (Supp. 1980)), and section 440.16 provides for benefits to dependents upon the

Florida Medical Center v. Grassi

481 So. 2d 504, 10 Fla. L. Weekly 2768, 1985 Fla. App. LEXIS 17338

District Court of Appeal of Florida | Filed: Dec 16, 1985 | Docket: 64616628

Published

02(5) should be read in pari mate-ria with Section 440.16(2), Florida Statutes (1983), which provides:

Johnson v. Johnson

477 So. 2d 21, 10 Fla. L. Weekly 2310, 1985 Fla. App. LEXIS 16290

District Court of Appeal of Florida | Filed: Oct 9, 1985 | Docket: 64614794

Published

the deputy properly interpreted Florida Statutes § 440.16 in awarding benefits to the deceased claimant’s

Clay Hyder Trucking Lines, Inc. v. Manis

471 So. 2d 1329, 10 Fla. L. Weekly 1567, 1985 Fla. App. LEXIS 14866

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 64612871

Published

were to be paid by the employer pursuant to section 440.16, Florida Statutes (1979). An order was entered

McCotter Motors, Inc. v. Newton

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

Gonzalez v. CFS Continental

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

Morgan v. JSD Enterprise

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

Wright v. Commercial Metals Co.

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

Hopkins v. E-Systems, Commercial Division

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

Heine v. J. M. Fields, Inc.

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

Ashton Utilities & Septic Tank Co. v. Irwin

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

South Florida Grassing/Risk Management Services, Inc. v. Bunns

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

Ledger v. Geiger-Jones Construction Co.

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

City of Miami v. Olson

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

Special Disability Trust Fund v. Southland Corp.

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

Lupola v. Lindsley Lumber Co.

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

In Re Lupola

293 So. 2d 354

Supreme Court of Florida | Filed: Apr 17, 1974 | Docket: 1754523

Published

disability dating from the accident pursuant to § 440.16, F.S." More specifically, the Judge of Industrial

Guarantee Trust Life Insurance v. Mullarkey

266 So. 2d 692, 1972 Fla. App. LEXIS 6352

District Court of Appeal of Florida | Filed: Sep 14, 1972 | Docket: 64527638

Published

concur. . F.S. §§ 440.02, 440.03, F.S.A. . F.S. § 440.16, F.S.A.

Tingle v. Board of County Commissioners

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

Herring v. Jackson Bearing & Supply, Inc.

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

Hyatt v. Armstrong Cork Co.

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

Seabreeze Industries, Inc. v. Phily

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

Charlton v. Dan Brosnahan Construction Co.

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

Bailey's Auto Service v. Mitchell

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

Amsler v. Sox Meat Packers, Inc.

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:

Cushman Baking Co. v. Hoberman

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

Sherman v. Florida Tar & Creosote Corp.

36 So. 2d 267, 160 Fla. 696, 1948 Fla. LEXIS 836

Supreme Court of Florida | Filed: Jul 13, 1948 | Docket: 3266744

Published

be answered in the affirmative and rely on section 440.16, Florida Statutes 1941, (Workmens Compensation