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HEINE v. J.M. FIELDS, INCORPORATED

No. AG-33.

413 So.2d 164 (1982)

Sam A. HEINE, Deceased, Employee, Julia Heine, Widow, Claimant, Appellant, v. J.M. FIELDS, INCORPORATED, Self-Insured, Appellee.

District Court of Appeal of Florida, First District.

April 29, 1982.

Attorney(s) appearing for the Case

Eugene N. Betts, Fort Lauderdale, for appellant.

Charles Desmond Crowley, Fort Lauderdale, for appellee.

WIGGINTON, Judge.

We affirm the deputy commissioner's decision that funeral benefits under the Workers' Compensation Act are subject to apportionment under section 440.02(18), Florida Statutes (1975).

However, after finding the claimant's death was ten percent attributable to a work-related injury, the deputy awarded "ten percent of the maximum of $1,000.00 for payment of funeral expenses." Because section 440.16(1), Florida Statutes (1975) provides for an...

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