CONE BROTHERS CONTRACTING v. ROGERS

No. AP-9.

432 So.2d 812 (1983)

CONE BROTHERS CONTRACTING and Whiting National Services, Appellants, v. Daniel E. ROGERS (Deceased), and Louise C. Rogers (Claimant), Appellee.

District Court of Appeal of Florida, First District.

June 15, 1983.


Attorney(s) appearing for the Case

Nancy L. Cavey of Earle & Thompson, St. Petersburg, for appellants.

Ramon Clark Calafell, Jr. of Wagner, Cunningham, Vaughan & McLaughlin, Tampa, for appellee.


MILLS, Judge.

This is an appeal by the employer/carrier from an order of the deputy commissioner finding that Louise Rogers was a dependent of her son, Daniel Rogers, the deceased employee, and therefore entitled to death benefits pursuant to Section 440.16, Florida Statutes (1981). Because of the lack of competent substantial evidence to justify this finding, we reverse.

The record in this case shows that at the time of his death, the decedent was living...

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