LOPEZ v. IDEAL ROOFING SYSTEMS

No. 1D02-0865.

821 So.2d 453 (2002)

Juan LOPEZ, Appellant, v. IDEAL ROOFING SYSTEMS and Stirling Cooke Insurance Services, Inc., Appellees.

District Court of Appeal of Florida, First District.

July 19, 2002.


Attorney(s) appearing for the Case

Jose G. Rodriguez, West Palm Beach; Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, West Palm Beach, for appellant.

Robert L. Teitler of Walton, Lantaff, Schroeder & Carson, Miami, for appellees.


PER CURIAM.

The widow of Juan Lopez appeals an order of the Judge of Compensation Claims which found that the monetary limits of section 440.16(7) apply to a claim for survivor's benefits. We reverse.

The claimant applied for death benefits in the amount of $100,000, the maximum allowed under section 440.16(1)(b). The employer/carrier sought to limit the total amount of claimant's potential recovery to $50,000 in accordance with section 440.16(7), which imposes...

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