Theis v. City of Miami
Theis v. City of Miami
Opinion of the Court
We review Theis v. City of Miami, 545 So.2d 357, 358-59 (Fla. 1st DCA 1989), in
Whether the definition of “child” in section 440.02(5), Florida Statutes (1987), and Florida’s public policy favoring the legitimacy of children permits a child born of a legitimate marriage but fathered by someone other than the husband, to be denied death and dependency benefits under section 440.16, Florida Statutes (1987).
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. On the facts of this case we answer the certified question in the negative and quash the district court’s decision.
This case involves a claim for workers’ compensation death benefits. George Theis (decedent), a City of Miami employee, died on August 28, 1986, from accidental work-related injuries. Edwidge St. Lot, the decedent’s ex-wife, filed a claim for workers’ compensation death benefits on behalf of her minor natural daughter, Marie Christine Nadine Theis (Theis), as the decedent’s child. Theis was born in Haiti in 1969 during St. Lot's marriage to the decedent. At the time of Theis’ birth, St. Lot and the decedent had been married for ten years, and the Haitian birth certificate stated that she was the legitimate child of their marriage.
The City of Miami, which is self-insured, contended that Theis was not the rightful heir nor a dependent of the decedent and refused to pay workers’ compensation death benefits. To substantiate its contention, the city filed a discovery motion and obtained blood samples from Theis and St. Lot to determine paternity.
The definition of “child” for purposes of workers’ compensation claims is set forth in subsection 440.02(5), Florida Statutes (1987), which states: “ ‘Child’ includes a posthumous child, a child legally adopted prior to the injury of the employee, and a stepchild or acknowledged illegitimate child dependent upon the deceased, but does not include married children unless wholly dependent on him.” The district court interpreted this definition to require that a child born of a valid marriage must also be the biological offspring of the partners to that marriage to receive workers’ compensation benefits as their child. We disagree.
Nadine Theis was born during the valid marriage between the decedent and St. Lot. Therefore, she is presumed by law to be the legitimate child of that marriage. Eldridge v. Eldridge, 153 Fla. 873, 16 So.2d
In this case, therefore, the essence of the question before us is whether Theis, who claimed benefits as the decedent’s legitimate child by law, may be deprived of these benefits by post-injury proof that she is not the biological child of the deceased employee. In deciding this question we are reminded that the fundamental purpose of workers’ compensation is to provide for injured workers and, in the event of their death from injuries received in their employment, to relieve society of the burden of earing for their dependents by placing that burden on industry. Jones v. Leon County Health Department, 335 So.2d 269 (Fla. 1976); Sullivan v. Mayo, 121 So.2d 424 (Fla. 1960); Whitehead v. Keene Roofing Co., 43 So.2d 464 (Fla. 1949). To accomplish the beneficent purposes and objectives implicit in legislation of this type, workers’ compensation laws should be construed liberally. Sherman v. Peoples Water & Gas Co., 138 So.2d 745 (Fla. 1962); Cook v. Georgia Grocery, Inc., 125 So.2d 837 (Fla. 1960). In accord with the purpose of workers’ compensation legislation, we should interpret the definition of child liberally to effect coverage.
We recognize that an employer/carrier has an interest in avoiding spurious claims. Nevertheless, in keeping with the basic purpose of workers’ compensation legislation and the public policy favoring the legitimation of children, we can find no logical basis for distinguishing a child who is recognized by law as a legitimate child from a biological child in determining entitlement to workers’ compensation death benefits when that child was a legal dependent of the deceased worker. The legal status at the time of injury should control. We are also persuaded that public policy should preclude an employer from challenging, after the father’s death, the legitimacy of a child born during a lawful marriage. See Knauer v. Barnett, 360 So.2d 399 (Fla. 1978). Hence, if an individual claims benefits as a legitimate child by law, post-injury biological proof of paternity is irrelevant. In this case Theis, as the decedent’s minor legitimate child by law, should not have been compelled to submit to blood testing and is entitled to recover workers’ compensation death benefits as his child.
It is so ordered.
. The record indicates that it is the custom in Haiti to have two "birth certificates," the mother's sworn oath of birth and the father's sworn oath of birth. In this case the only document available was the mother’s sworn oath of birth.
. Records of George Theis’ blood type were available from the hospital where he was admitted for treatment after the accident causing his death.
. Theis’ reputed biological father also never legally adopted Theis as his child during his marriage to St. Lot, although this fact would not affect the presumption of Theis’ legitimacy.
. We reach this decision notwithstanding our holding in Tarver v. Evergreen Sod Farms, Inc., 533 So.2d 765 (Fla. 1988), which the district court cited as indicating that, despite the fact that workers’ compensation statutes are to be construed liberally to effect coverage, courts should strictly construe the definition of child in determining whether a claimant is entitled to workers’ compensation benefits. Tarver held that a child allowed to inherit an intestate share on the theory of "virtual adoption” in probate proceedings could not recover workers’ compensation death benefits under § 440.02(5), Fla. Stat. (1987), which required that the child be "legally adopted prior to the injury of the employee.” We based that decision on our finding that the language of the statute clearly required that not only must there be a legal adoption but that it also must occur prior to the injury of the employee. 533 So.2d at 767. Because virtual adoption was not actually a legal adoption and took place only after death, we reluctantly refused to allow the claimant to receive death benefits.
. We are aware that § 440.16(l)(b), Fla.Stat. (1987), awards compensation to "the following persons entitled thereto on account of dependency upon the deceased.” (Emphasis added.) Therefore, a reading of this provision alone might indicate that not only must Nadine Theis be the "child” of the decedent but she must also prove economic dependency to recover benefits. However, this provision must be read in conjunction with the definition of child in § 440.02(5), which only requires proof of de
Reference
- Full Case Name
- Marie Christine Nadine THEIS v. CITY OF MIAMI
- Cited By
- 1 case
- Status
- Published