WINN DIXIE STORES, INC. AND SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., APPELLANTS,
v.
FELIX YGLESIAS (DECEASED), APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Winn Dixie Stores and Sedgwick Claims Management Services appealed an award of workers' compensation death benefits to the parents of a deceased employee, Felix Yglesias. The court affirmed the award, holding that the parents qualified as dependents under Florida law because the decedent's contributions to household expenses substantially exceeded the value of room and board he received.
The parents qualified as dependents entitled to death benefits. The judge of compensation claims correctly applied the six criteria from MacDon Lumber Co. v. Stevenson and found competent, substantial evidence that the decedent's contributions substantially exceeded the value of accommodations received and that the parents were dependent upon the decedent.
[1] Dependency is a prerequisite to recovery of compensation for the death of an employee.
[2] A claimant must demonstrate that the decedent's contributions substantially exceeded the reasonable value of board, lodging, and other accommodations received.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[A] showing of dependency is prerequisite to recovery of compensation for death of an employee.”
Establishes the fundamental requirement for death benefit eligibility in workers' compensation cases.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFelix Yglesias, age 25, died on January 1, 1999, while residing with his parents, one of whom was disabled. Yglesias turned over all his income to his…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Competent Substantial Evidence Standard Of Review cases and more on FLexlaw
BENTON, J.
Winn Dixie Stores, Inc., and Sedgwick Claims Management Services, Inc., appeal the final order that awards the parents of Felix Yglesias death benefits pursuant to section 440.16(l)(b)4., Florida Statutes (1999). While we agree with appellants that the statute does not make claimants eligible for benefits if they and their decedents were merely “mutually dependent,” we are persuaded that the judge of compensation claims was guided by the correct standard in the present case, and duly applied all six criteria set out in MacDon Lumber Co. v. Stevenson, 117 So. 2d 487, 492 (Fla.1960), in determining that the parents qualified as dependents.
“[A] showing of dependency is prerequisite to recovery of compensation for death of an employee.” Amsler v. Sox Meat Packers, Inc., 75 So. 2d 207, 207 (Fla.1954). At the time of his death on January 1, 1999, Felix Yglesias was a twenty-five-year-old residing with his parents, one of whom was disabled. The judge of compensation claims found that his
contributions were substantial and exceeded the value of board, lodging and other accommodations received by the decedent. I accept the claimant’s position that the decedent’s contribution to the household expenses was in excess of 20% of the total household income. As such, the diminution of monthly income in excess of 20% subsequent to the death of the decedent was substantial and testimony of the claimants is accepted that they were dependent on the decedent. The contributions made by the decedent were regular and were expected to continue in the future.... Based on the totality of the evidence before me, I find that the claimants have substantiated that they were dependent on the decedent and are entitled to continuing death benefits....
See generally Southland Corp. v. Reid, 647 So. 2d 146, 148 (Fla. 1st DCA 1994); Carroll Steel Erectors v. Alderman, 599 So. 2d 181, 185 (Fla. 1st DCA 1992); McCray v. Beverly Hills Plantation, 437 So. 2d 764, 766 (Fla. 1st DCA 1983); Cone Bros. Contracting v. Rogers, 432 So. 2d 812, 813 (Fla. 1st DCA 1983); Melweb Signs, Inc. v. Wright, 394 So. 2d 475, 476-77 (Fla. 1st DCA 1981). The judge of compensation claims identified the “primary element which is at issue in this case” as “whether the decedent’s contribution substantially exceeded the reasonable value of board, lodging and other accommodations received by the child,” noting that the “contribution made by decedent to his parents in this case consists of monetary contribution and in-kind contribution.” After reviewing the evidence— including undisputed testimony that the decedent turned over all his income to his parents ($14,094 the year before he died) — the judge of compensation claims concluded that Mr. Yglesias’s contribution did in fact exceed the reasonable value of board, lodging, and other accommodations received from his parents. In addition to his monetary contributions, he performed numerous services for his parents, the economic value of which was uncontroverted. We cannot say that the evidence adduced at hearing does not furnish competent, substantial support for the finding that the parents are entitled to benefits “on account of dependency upon the deceased.” § 440.16(l)(b), Fla. Stat. (1999). See Southland Corp., 647 So. 2d at 148 (“Our standard of review is whether there is [competent substantial evidence] supporting the JCC’s finding that the parent was dependent”); Carroll Steel Erectors, 599 So. 2d at 184 (“The evidence fairly demonstrates appellees’ inability to maintain their standard of living without their son’s monthly contributions and services.”).
Affirmed.
DAVIS and POLSTON, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- MacDON Lumber Co. & Mass. Bonding & Ins. Co. v. Mrs. Fannie Mae Stevenson & Fla. Indus. Comm'n, 117 So. 2d 487 (Fla. 1960)
- Melweb Signs, Inc. v. Wright, 394 So. 2d 475 (Fla. 1st DCA 1981)
- Fla. Rock Indus., Inc. v. Spurlin, 432 So. 2d 812 (Fla. 1st DCA 1983)
- Carroll Steel Erectors & the Claims Ctr. v. Alderman, 599 So. 2d 181 (Fla. 1st DCA 1992)
- McCRAY v. Plantation, 437 So. 2d 764 (Fla. 1st DCA 1983)
- Amsler v. SOX Meat Packers, Inc., 75 So. 2d 207 (Fla. 1954)
- The Southland Corp. & Kemper Nat'l Ins. Co. v. Reid, 647 So. 2d 146 (Fla. 1st DCA 1994)