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Florida Statute 440.16 | Lawyer Caselaw & Research
F.S. 440.16 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

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 Casetext

Amendments to 440.16


Arrestable Offenses / Crimes under Fla. Stat. 440.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.16.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DOMINO S PIZZA, LLC, v. WIEDERHOLD, E., 248 So. 3d 212 (Fla. App. Ct. 2018)

. . . . § 440.16, Fla. . . .

INMON, v. CONVERGENCE EMPLOYEE LEASING III, INC., 243 So. 3d 1046 (Fla. App. Ct. 2018)

. . . 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 . . .

SIERRA CLUB, v. MCCARTHY,, 235 F. Supp. 3d 63 (D.D.C. 2017)

. . . . § 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 . . .

WESTPHAL, v. CITY OF ST. PETERSBURG, St. v., 194 So. 3d 311 (Fla. 2016)

. . . salvage the statute notwithstanding, the statutory gap that resulted from the limitations in section 440.16 . . .

MORALES, v. ZENITH INSURANCE COMPANY,, 152 So. 3d 557 (Fla. 2014)

. . . See § 440.16, Fla. Stat. Surviving spouses, like Ms. . . .

VMS, INC. a k a VMS v. ALFONSO,, 147 So. 3d 1071 (Fla. Dist. Ct. App. 2014)

. . . secure, the payment to his or her employees ... the compensation payable under ss. 440.13, 440.15, and 440.16 . . .

HAMM, v. PMI EMPLOYEE LEASING, 134 So. 3d 1150 (Fla. Dist. Ct. App. 2014)

. . . order from the Judge of Compensation Claims (JCC) denying her death benefits payable under section 440.16 . . .

PENA, v. DESIGN- BUILD INTERAMERICAN, INC., 132 So. 3d 1179 (Fla. Dist. Ct. App. 2014)

. . . , the payment to his or her employees ... of the compensation payable under ss. 440.13, 440.15, and 440.16 . . .

MORALES, Jr. SM RM, III v. ZENITH INSURANCE COMPANY,, 714 F.3d 1220 (11th Cir. 2013)

. . . . § 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). . . . .

GOMEZ LAWN SERVICE, INC. v. THE HARTFORD,, 98 So. 3d 212 (Fla. Dist. Ct. App. 2012)

. . . secure, the payment to his or her employees ... the compensation payable under ss. 440.13, 440.15, and 440.16 . . .

In SCHULTZ In In, 463 B.R. 492 (Bankr. W.D. Mo. 2011)

. . . Utilizing that number, the Debtors’ monthly disposable income is $440.16. . . .

STOKES, v. SCHINDLER ELEVATOR CORP. BROADSPIRE,, 60 So. 3d 1110 (Fla. Dist. Ct. App. 2011)

. . . an order of the Judge of Compensation Claims (JCC) that denies death benefits claimed under section 440.16 . . .

ELIAS, v. WORLD WIDE CONCESSIONS, LLC d b a, 41 So. 3d 304 (Fla. Dist. Ct. App. 2010)

. . . , the carrier shall pay compensation directly to the employee as required by §§ 440.14, 440.15, and 440.16 . . .

RAMCHARITAR, v. DEROSINS a, 35 So. 3d 94 (Fla. Dist. Ct. App. 2010)

. . . secure, the payment to his or her employees ... the compensation payable under ss. 440.13, 440.15, and 440.16 . . .

R. IVESTER, Jr. C. v. P. MILLER,, 398 B.R. 408 (M.D.N.C. 2008)

. . . . §§ 1-440.4; l-440.16(a)(6); 1-440.25. . . .

In YATKO A. v., 416 B.R. 193 (Bankr. W.D.N.C. 2008)

. . . Gen.Stat. l-440.16(b). . . .

USAA CASUALTY INSURANCE COMPANY, v. McDERMOTT, 929 So. 2d 1114 (Fla. Dist. Ct. App. 2006)

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

BRUNO, v. DESTINY TRANSPORTATION, INC. a JDH a, 921 So. 2d 836 (Fla. Dist. Ct. App. 2006)

. . . services under the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.15, and 440.16 . . .

BESTONE EAST COAST USA CORP. v. SANCHEZ,, 899 So. 2d 379 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

OSCEOLA COUNTY SCHOOL BOARD v. ARACE,, 884 So. 2d 1003 (Fla. Dist. Ct. App. 2004)

. . . “the carrier shall pay compensation directly to the employee as required by ss. 440.14, 440.15, and 440.16 . . .

CUERO, v. RYLAND GROUP, INC. d b a, 849 So. 2d 326 (Fla. Dist. Ct. App. 2003)

. . . services under the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.15, and 440.16 . . .

WINN DIXIE STORES, INC. v. YGLESIAS, 831 So. 2d 1233 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 829 So. 2d 791 (Fla. 2002)

. . . _Death benefits payable under Ssection 440.16, Florida Statutes. __ Correction of AWW and resulting Compensation . . .

LOPEZ, v. IDEAL ROOFING SYSTEMS, 821 So. 2d 453 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 795 So. 2d 863 (Fla. 2000)

. . . . = (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 . . .

SHEAR HOMES, INC. v. SHEPPARD,, 764 So. 2d 705 (Fla. Dist. Ct. App. 2000)

. . . elect to seek medical care, treatment, and attendance, and compensation required under ss. 440.15 and 440.16 . . .

J. IRVING, v. AMETEK, INC., 756 So. 2d 1045 (Fla. Dist. Ct. App. 2000)

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

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, v. D. BLACKMON,, 754 So. 2d 840 (Fla. Dist. Ct. App. 2000)

. . . Pursuant to section 440.16(l)(b), Florida Statutes (1995), appellee is entitled to $100,000 in workers . . .

FLYING BOAT, INC. d b a v. ALBERTO, J. J., 723 So. 2d 866 (Fla. Dist. Ct. App. 1998)

. . . review of the Florida Workers’ Compensation Act’s limitations on compensation for death found in section 440.16 . . .

RABON, v. INN OF LAKE CITY, INC., 693 So. 2d 1126 (Fla. Dist. Ct. App. 1997)

. . . secure, the payment to his employees, ... of the compensation payable under ss. 440.13, 440.15, and 440.16 . . .

In AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 674 So. 2d 631 (Fla. 1996)

. . . 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. . . .

HERTZ RENT- A- CAR v. SOSA,, 670 So. 2d 73 (Fla. Dist. Ct. App. 1996)

. . . compensation benefits on account of disability, death and impairment as set forth under Sections 440.15, 440.16 . . .

GUSTAFSON S DAIRY, INC. PROFESSIONAL ADMINISTRATORS, INC. v. PHILLIPS,, 656 So. 2d 1386 (Fla. Dist. Ct. App. 1995)

. . . services under the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.15, and 440.16 . . .

STALLINGS, v. F. M. C. CORPORATION, 651 So. 2d 724 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

CITY OF MIAMI, v. DWIGHT, 637 So. 2d 981 (Fla. Dist. Ct. App. 1994)

. . . self-insured employer seeks review of an order which awarded benefits to appellees pursuant to section 440.16 . . .

HANNA, v. INDUSTRIAL LABOR SERVICE, INC., 636 So. 2d 773 (Fla. Dist. Ct. App. 1994)

. . . following grounds: 1) Claimant’s benefits ceased during any period of incarceration, pursuant to section 440.16 . . .

E. VEGAS, v. GLOBE SECURITY CIGNA,, 627 So. 2d 76 (Fla. Dist. Ct. App. 1993)

. . . &b„ Fla.Stat. (1991); 440.16(1)(a) & (c), Fla.Stat. (1991). . . . .

RODRIGUEZ, v. PRESTRESS DECKING CORP. Co., 611 So. 2d 59 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

E. PENTON, Sr. v. POMPANO CONSTRUCTION CO. INC. E. PENTON, Sr. v. POMPANO CONSTRUCTION COMPANY, INC., 976 F.2d 636 (11th Cir. 1992)

. . . payable under ss. 440.13 [medical services and supplies], 440.15 [compensation for disability], and 440.16 . . .

HOGAN, v. DEERFIELD CORPORATION, a d b a, 605 So. 2d 979 (Fla. Dist. Ct. App. 1992)

. . . services under the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.15, and 440.16 . . .

LEE, v. DELTA AIR LINES, INC., 797 F. Supp. 1362 (N.D. Tex. 1992)

. . . 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 . . .

CARROLL STEEL ERECTORS v. ALDERMAN, 599 So. 2d 181 (Fla. Dist. Ct. App. 1992)

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

CREWS, v. DEPARTMENT OF TRANSPORTATION, 591 So. 2d 291 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

CANESTRELLI, v. TORNEOS MEDIEVALES, 579 So. 2d 206 (Fla. Dist. Ct. App. 1991)

. . . 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. . . .

PHILYAW, v. ARTHUR H. FULTON, INC., 569 So. 2d 787 (Fla. Dist. Ct. App. 1990)

. . . services under the provisions of s. 440.13, of the compensation payable under §§ 440.13, 440.15, and 440.16 . . .

BLACKBURN E. BLACKBURN v. TAYLOR Co., 566 So. 2d 915 (Fla. Dist. Ct. App. 1990)

. . . Section 440.16(l)(b), Fla.Stat. (1987) allows for the payment of death benefits to “the following persons . . .

THEIS, v. CITY OF MIAMI,, 564 So. 2d 117 (Fla. 1990)

. . . 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 . . .

GLOBE SECURITY v. PRINGLE,, 559 So. 2d 720 (Fla. Dist. Ct. App. 1990)

. . . those benefits by virtue of a dependent child surviving a deceased employee as provided in Section 440.16 . . .

THEIS, v. CITY OF MIAMI,, 545 So. 2d 357 (Fla. Dist. Ct. App. 1989)

. . . 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 . . .

De AYALA, v. FLORIDA FARM BUREAU CASUALTY INSURANCE CO., 543 So. 2d 204 (Fla. 1989)

. . . 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. . . .

C. WILLIAMS, C. II, C. v. FREEDOM TRUCKING, INC. s Co., 538 So. 2d 134 (Fla. Dist. Ct. App. 1989)

. . . employee to the extent that they might be entitled to death benefits under the provisions of section 440.16 . . .

SAM BLOOM PLUMBING COMPANY v. BOYKIN,, 513 So. 2d 193 (Fla. Dist. Ct. App. 1987)

. . . 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 . . .

WOOD, v. HARRY HARMON INSULATION, 511 So. 2d 690 (Fla. Dist. Ct. App. 1987)

. . . 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, . . .

McCOLLOUGH v. RAES ENTERPRISES, d b a s TV, 511 So. 2d 665 (Fla. Dist. Ct. App. 1987)

. . . 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 . . .

COON, v. CONTINENTAL INSURANCE COMPANY, c o, 511 So. 2d 971 (Fla. 1987)

. . . When an employee is killed in the course of his employment, section 440.16(l)(b), Florida Statutes (1985 . . .

ELECTRICAL MOTOR SERVICE v. TIRALOSI,, 506 So. 2d 98 (Fla. Dist. Ct. App. 1987)

. . . and carrier seek reversal of the deputy commissioner’s order awarding benefits pursuant to section 440.16 . . .

FLORIDA FARM BUREAU CASUALTY INSURANCE CO. s v. De AYALA, De, 501 So. 2d 1346 (Fla. Dist. Ct. App. 1987)

. . . 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 . . .

GENERAL ELECTRIC v. DeCUBAS, 504 So. 2d 1276 (Fla. Dist. Ct. App. 1986)

. . . 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 . . .

DEAN JAYE CONSTRUCTION v. JOHNSON, By JOHNSON,, 486 So. 2d 664 (Fla. Dist. Ct. App. 1986)

. . . However, as to the deputy’s award of statutory death benefits pursuant to Section 440.16(1), Florida . . .

BUONO, v. CITY OF RIVIERA BEACH Co., 484 So. 2d 50 (Fla. Dist. Ct. App. 1986)

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

FLORIDA MEDICAL CENTER v. GRASSI,, 481 So. 2d 504 (Fla. Dist. Ct. App. 1985)

. . . On the other hand, appellee contends Section 440.02(5) should be read in pari mate-ria with Section 440.16 . . .

E. JOHNSON, v. C. JOHNSON,, 477 So. 2d 21 (Fla. Dist. Ct. App. 1985)

. . . 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). . . .

NEWTON, v. McCOTTER MOTORS, INC., 475 So. 2d 230 (Fla. 1985)

. . . .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. . . .

RON BURTON, INC. F. a k a v. P. VILLWOCK,, 477 So. 2d 596 (Fla. Dist. Ct. App. 1985)

. . . Under Florida’s Workers’ Compensation Law, Chapter 440.16, Florida Statutes (1981), in force on the date . . .

CLAY HYDER TRUCKING LINES, INC. v. MANIS, Jr. B. S., 471 So. 2d 1329 (Fla. Dist. Ct. App. 1985)

. . . 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 . . .

BROWN v. WINN- DIXIE MONTGOMERY, INC., 469 So. 2d 155 (Fla. Dist. Ct. App. 1985)

. . . 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 . . .

McCOTTER MOTORS, INC. v. NEWTON,, 453 So. 2d 117 (Fla. Dist. Ct. App. 1984)

. . . 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 . . .

GONZALEZ, v. CFS CONTINENTAL,, 451 So. 2d 967 (Fla. Dist. Ct. App. 1984)

. . . Commercial Division, 423 So.2d 981 (Fla. 1st DCA 1982), rev. denied, 430 So.2d 451 (Fla.1983); section 440.16 . . .

RECON PAVING, INC. v. D. COOK,, 439 So. 2d 1019 (Fla. Dist. Ct. App. 1983)

. . . Section 2 increases funeral expenses and other compensation for death, amending 440.16(1). . . .

MORGAN, v. JSD ENTERPRISE, d b a, 438 So. 2d 946 (Fla. Dist. Ct. App. 1983)

. . . precluding appellant from receiving workers' compensation death benefits for dependents pursuant to section 440.16 . . .

WISE, v. E. L. COPELAND BUILDERS, 435 So. 2d 339 (Fla. Dist. Ct. App. 1983)

. . . 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 . . .

CONE BROTHERS CONTRACTING v. E. ROGERS C., 432 So. 2d 812 (Fla. Dist. Ct. App. 1983)

. . . Daniel Rogers, the deceased employee, and therefore entitled to death benefits pursuant to Section 440.16 . . .

L. WRIGHT, v. COMMERCIAL METALS COMPANY,, 429 So. 2d 826 (Fla. Dist. Ct. App. 1983)

. . . Section 440.16, Florida Statutes, provides for compensation to be paid to those persons found to be dependent . . .

HOPKINS, v. E- SYSTEMS, COMMERCIAL DIVISION Co., 423 So. 2d 981 (Fla. Dist. Ct. App. 1982)

. . . Section 440.16(6) provides: Relationship to the deceased giving right to compensation under the provisions . . .

H. CLARK, T. v. BETTER CONSTRUCTION COMPANY, INC. Jr. L., 420 So. 2d 929 (Fla. Dist. Ct. App. 1982)

. . . .-15, and 440.16. . . .

TERRINONI v. WESTWARD HO, 418 So. 2d 1143 (Fla. Dist. Ct. App. 1982)

. . . 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 . . .

A. HEINE, v. J. M. FIELDS, INCORPORATED,, 413 So. 2d 164 (Fla. Dist. Ct. App. 1982)

. . . Because section 440.16(1), Florida Statutes (1975) provides for an award of “[ajctual funeral expenses . . .

ASHTON UTILITIES SEPTIC TANK COMPANY v. G. IRWIN L. Sr. A., 410 So. 2d 597 (Fla. Dist. Ct. App. 1982)

. . . 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 . . .

LaBELLA a v. FOOD FAIR, INC. a, 406 So. 2d 1216 (Fla. Dist. Ct. App. 1981)

. . . 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). . . .

KNIGHT- RIDDER NEWSPAPERS, INC. a d b a v. SOSA,, 407 So. 2d 916 (Fla. Dist. Ct. App. 1981)

. . . .-15, and 440.16. 440.11 Exclusiveness of liability.— (1) The liability of an employer prescribed in . . .

SOUTH FLORIDA GRASSING RISK MANAGEMENT SERVICES, INC. v. BUNNS, Mr., 399 So. 2d 93 (Fla. Dist. Ct. App. 1981)

. . . 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 . . .

WILLIAMS, Jr. v. CORBETT CRANES, INC. a, 396 So. 2d 811 (Fla. Dist. Ct. App. 1981)

. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .

POWELL, v. INDEPENDENT CONSTRUCTION COMPANY,, 396 So. 2d 725 (Fla. Dist. Ct. App. 1981)

. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .

WHITE, v. ROUNDTREE TRANSPORT, INC., 386 So. 2d 1287 (Fla. Dist. Ct. App. 1980)

. . . See § 440.16(2), Fla.Stat. (1975). . . .

MOTCHKAVITZ v. L. C. BOGGS INDUSTRIES, INC. a ZUCKERMAN VERNON CORPORATION, a v. MOTCHKAVITZ L. C., 384 So. 2d 259 (Fla. Dist. Ct. App. 1980)

. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .

RICHARDSON, v. UNITED STATES, 577 F.2d 133 (10th Cir. 1978)

. . . services under the provisions of section 440.13 of the compensation payable under §§ 440.13, 440.15, and 440.16 . . .

WALKER LaBERGE, INC. v. HALLIGAN,, 344 So. 2d 239 (Fla. 1977)

. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .

T. CORK v. GABLE, 340 So. 2d 487 (Fla. Dist. Ct. App. 1976)

. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .

POLLOCK, J. M. v. GOVAN CONSTRUCTION COMPANY, a, 541 F.2d 1119 (5th Cir. 1976)

. . . 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 . . .

C. BOATRIGHT v. CITY OF JACKSONVILLE, a, 334 So. 2d 339 (Fla. Dist. Ct. App. 1976)

. . . shall secure the payment to his employees of the compensation payable under Sections 440.13, 440.15 and 440.16 . . .

W. LEDGER v. GEIGER- JONES CONSTRUCTION COMPANY, 329 So. 2d 3 (Fla. 1976)

. . . 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 ... . . .

CITY OF MIAMI, a v. v. OLSON, Jr., 327 So. 2d 888 (Fla. Dist. Ct. App. 1976)

. . . present value of the claimant widow’s entitlement to dependency benefits under the provisions of Section 440.16 . . .

SPECIAL DISABILITY TRUST FUND, v. SOUTHLAND CORPORATION, d b a, 322 So. 2d 900 (Fla. 1975)

. . . for death benefits at the time of the accident was $15,000 (increased to $25,000 in 1973, see F.S. 440.16 . . .

RHINES, v. PLOOF TRANSFER COMPANY, INC., 313 So. 2d 791 (Fla. Dist. Ct. App. 1975)

. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .

In L. LUPOLA, LUPOLA v. LINDSLEY LUMBER COMPANY, 293 So. 2d 354 (Fla. 1974)

. . . 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 . . .

EASTERN ELEVATOR COMPANY, v. C. HEDMAN, 290 So. 2d 56 (Fla. 1974)

. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .

FLORIDA POWER AND LIGHT COMPANY, a v. BROWN,, 274 So. 2d 558 (Fla. Dist. Ct. App. 1973)

. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .

A. MULLARKEY, B. a v. FLORIDA FEED MILLS, INC. a, 268 So. 2d 363 (Fla. 1972)

. . . 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 . . .

GUARANTEE TRUST LIFE INSURANCE COMPANY, v. A. MULLARKEY,, 266 So. 2d 692 (Fla. Dist. Ct. App. 1972)

. . . . § 440.16, F.S.A. . . .

GULF AMERICAN FIRE AND CASUALTY COMPANY, a a v. SINGLETON,, 265 So. 2d 720 (Fla. Dist. Ct. App. 1972)

. . . and shall secure the payment to his employees of the compensation payable under §§ 440.13, 440.15 and 440.16 . . .