GWYNELLE W. LEDGER ET AL., PETITIONERS,
v.
GEIGER-JONES CONSTRUCTION COMPANY ET AL., RESPONDENTS
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The Florida Supreme Court reviewed whether the mother and minor siblings of a deceased employee were eligible for workers' compensation dependency benefits. The court held that the mother qualified as a dependent under established precedent, and the Industrial Relations Commission erred in reversing the dependency determination without addressing the siblings' status through proper appellate procedure.
The mother qualified as a dependent under Section 440.16 based on the applicable precedent in Floriland Farms Inc. v. Peterman. The minor siblings' status as dependents could not be properly addressed by the Commission because their eligibility was not raised as an assignment of error before the Commission, requiring the Commission to confine its review to points raised by the parties.
[1] A mother can be considered a dependent of her deceased son for workers' compensation purposes even if the son's financial contributions were made to the father, so long a…
[2] An industrial relations commission must confine its review to the points raised by the parties in their assignments of error.
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“The Judge analyzed the expenses of the family and found that decedent's contribution accounted for one-fifth to one-sixth of the operating costs of the household, and was therefore essential for the family's subsistence.”
Establishes the material contribution standard applied by the trial judge to determine dependency.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHugh Dorsey Ledger, a self-supporting son, lived away from his family but sent his father $40 weekly to support his disabled father, mother, and four …
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ENGLAND, Justice.
This case is here on petition for writ of certiorari to the Industrial Relations Commission. The petitioners seek review of an order reversing the determination of the Judge of Industrial Claims that the mother and four minor siblings of a deceased employee were his dependents under Section 440.16, Florida Statutes (1973).1
Hugh Dorsey Ledger was the self-supporting son of a closely knit rural family, consisting of a disabled father, a mother and decedent’s four minor brothers and sisters. After he left home to live on his own, decedent continued to send his father funds and to pay family bills equivalent to $40 a week. The Judge of Industrial Claims found that these payments were expected to continue indefinitely and that the family’s subsistence level of living depended in part on them. Decedent’s weekly contribution was added to a “family pot” managed by the father, to which there was also added the father’s weekly earnings of $100, his mother’s weekly earnings of $40, one minor brother’s weekly contribution of $14, and another brother’s $35 weekly contribution. The Judge analyzed the expenses of the family and found that decedent’s contribution accounted for one-fifth to one-sixth of the operating costs of the household, and was therefore essential for the family’s subsistence. The Judge ruled that decedent’s parents were eligible for current dependency benefits, and that the minor children were eligible for contingent benefits if either parent died during their minority.
On review of the Judge’s order, the Commission ruled that the mother was not dependent on the decedent, but rather on the father, because decedent’s weekly payments were made to the father rather than to her. The Commission acknowledged, however, the interdependence of all members of the household on the “family pot”. The Commission also eliminated the contingent rights of decedent’s minor siblings to future benefits.
As to the status of the decedent’s mother, the Commission erred in not following our decision in Floriland Farms Inc. v. Peterman, 131 So. 2d 477 (Fla.1961). The facts in that case were virtually identical to the situation before us, and the rule of law there developed is applicable here. Decedent’s mother is, under that decision, a dependent under Section 440.16.
With respect to the decedent’s siblings, the Commission also erred in reversing the Judge’s award of contingent benefits. Their status as dependents was not raised before the Commission by any assignment of error, and under Section 440.-25(4) (a), Florida Statutes (1973), the Commission was obliged to confine its re view to the points raised by the parties. Westinghouse Electric Supply Co. v. Reagan, 159 So. 2d 222 (Fla.1963).
On both points, the Commission ignored the essential requirements of law. Certio-rari is granted, the Commission’s order is reversed, and the order of the Judge of Industrial Claims is reinstated. Petitioners’ counsel is awarded $500 for services performed in connection with our review of the Commission’s order. OVERTON, C. J., and ROBERTS, ADKINS, SUNDBERG and HATCHETT, JJ., concur. BOYD, J., dissents.
. Section 440.16 provides that if any employee dies, then the employer shall pay: “(2) Compensation ... to the following persons entitled thereto on account of dependency upon the deceased and in the following order of preference . . (e) To the parents, twenty-five per cent to each, such compensation to be paid during the continuance of dependency, (f) To the brothers, sisters and 'grandchildren, fifteen per cent for each . . . .”
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Citator
Cited By
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S. Fla. Grassing/Risk Mgmt. Servs., Inc. v. Arcelious LeRoy Bunns, 399 So. 2d 93 (Fla. 1st DCA 1981)…The deputy commissioner found Mr. and Mrs. Evans to be dependent upon LeRoy Bunns at the time of his accident, referring to MacDon, 117 So. 2d 487 (Fla.1960), and the six criteria for dependency therein, and Ledger v. Geiger-Jones Construction Co., 329 So. 2d 3 (Fla.1976), to the effect that a contribution of Vs to Vfe of the household operating costs created dependency status. The criteria set forth in MacDon by which claims for dependency benefits must be measured are as follows: 1. That the claimant i…
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Ashton Utils. & Septic Tank Co. & Fla. Farm Bureau Ins. Co. v. Roger G. Irwin (deceased) and Lloyd L. Irwin, Sr., 410 So. 2d 597 (Fla. 1st DCA 1982)…to dependency benefits. We reverse. The deputy commissioner found that the deceased contributed to a “family pot” and that the family relied on these contributions to maintain its standard of living. Relying on Ledger v. Geiger-Jones Construction, 329 So. 2d 3 (Fla.1976), and Floriland Farms v. Peterman, 131 So. 2d 477 (Fla.1961), he determined that the parents were dependent upon the deceased worker and entitled to death benefit's under Section 440.16, Florida Statutes (1979). The flaw in the deputy co…
Authorities Cited
- Floriland Farms, Inc. v. Peterman, 131 So. 2d 477 (Fla. 1961)
- Westinghouse Elec. Supply Co. v. Reagan, 159 So. 2d 222 (Fla. 1963)