Winn Dixie Stores, Inc. v. Yglesias
Winn Dixie Stores, Inc. v. Yglesias
Opinion of the Court
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).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.