Sandifort v. Akers Custom Homes, Inc. / Amerisure
(Florida 1st DCA July 13, 2022)
Death Benefits/Dependency
Bill Rogner
The First DCA affirmed the JCC’s denial of death benefits to the mother of deceased 16-year-old son who drowned on his first day of work. The 16-year-old had a permanent learning disability, received SSI benefits and had never worked a day in his life prior to the IA. The claimant argued that she qualified for death benefits under 440.16(1)(b) as she and her other children depended upon her 16-year-old’s SSI benefits, which came to an end upon his death and that the statute does not limit dependency to her son’s wage-earning ability or his capacity to separately provide for himself. The JCC found that the claimant could not show actual dependency on her son as the statute anticipates a dependency on the deceased employee’s wage-earning capacity, not his entitlement to welfare payments. Click here to view Opinion