FLORIDA ROCK INDUSTRIES, INC., SELF-INSURED EMPLOYER, AND UNDERWRITERS ADJUSTING COMPANY, SERVICING AGENT FOR THE SELF-INSURED EMPLOYER, APPELLANTS/CROSS-APPELLEES,
v.
GLENN E. SPURLIN, APPELLEE/CROSS-APPELLANT
FLORIDA ROCK INDUSTRIES, INC., SELF-INSURED EMPLOYER, AND UNDERWRITERS ADJUSTING COMPANY, SERVICING AGENT FOR THE SELF-INSURED EMPLOYER, APPELLANTS/CROSS-APPELLEES,
GLENN E. SPURLIN, APPELLEE/CROSS-APPELLANT
432 So. 2d 812
Florida District Court of Appeal, First District (1983)
Caution
Cited by 8 cases
Opinion of the Court
MILLS, Judge.
The employer/carrier appeal and the claimant cross-appeals a workers’ compensation order. We affirm.
An average weekly wage of $575 is supported by Spurlin’s testimony.
The lack of a causal relationship between the compensable accident and a subsequent herniated disc is supported by the testimony of Dr. Conelly, the treating neurosurgeon.
AFFIRMED.
BOOTH and SHIVERS, JJ., concur.
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Carrington Wise v. E.L. Copeland Builders & Aetna Life & Cas. Co., 435 So. 2d 339 (Fla. 1st DCA 1983)…, applied in subsequent cases where parents have sought dependency benefits. See Ramer’s Feed Inc. v. Fleig, 414 So. 2d 17 (Fla. 1st DCA 1982); Wright v. Commercial Metals Co., 429 So. 2d 826 (Fla. 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(l)(b): 1. To the s…
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Carroll Steel Erectors & the Claims Ctr. v. Alderman, 599 So. 2d 181 (Fla. 1st DCA 1992)…s monthly contributions and services. See Melweb Signs, Inc., 394 So. 2d at 476, 477 (finding of dependency affirmed where deceased son was paying more than one-half of household expenses of family of three). Cf. Cone Brothers Contracting v. Rogers, 432 So. 2d 812 (Fla. 1st DCA 1983) (evidence did not support conclusion that contributions exceeded benefits to deceased son where the mother paid all taxes, utilities, and mortgage payments, and bought some food, and son paid $40 in cash per week, purchased some…
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The Southland Corp. & Kemper Nat'l Ins. Co. v. Reid, 647 So. 2d 146 (Fla. 1st DCA 1994)…e of his death. The E/C’s appeal followed. Our standard of review is whether there is CSE supporting the JCC’s finding that the parent was dependent. MacDon Lumber Co. v. Stevenson, 117 So. 2d 487, 492 (Fla.1960); Cone Bros. Contracting v. Rogers, 432 So. 2d 812 (Fla. 1st DCA 1983). The burden is on the dependent parent to show that she was dependent on the deceased for support. MacDon Lumber, supra; Carroll Steel Erectors v. Alderman, 599 So. 2d 181 (Fla. 1st DCA 1992), review denied, 602 So. 2d 941 (1992)…
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