Bay Home Health Care Agency v. Ake
Bay Home Health Care Agency v. Ake
Opinion of the Court
The employer/carrier (E/C) appeal a workers’ compensation order awarding
There is competent substantial evidence that the accident arose out of and in the course of the decedent’s employment. However, since there was no evidence that decedent’s husband was substantially dependent upon her for financial support, the deputy erred in finding him to be a dependent. Appellees concede this point, but assert that this issue goes only to the manner of distribution of benefits, not to the amount of benefits since it is undisputed that the decedent’s children are entitled to the death benefits. We agree and strike the reference to decedent’s husband in the decretal portion of the order. As modified, the order is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.