BESTONE EAST COAST USA CORP. v. SANCHEZ

No. 1D04-0561.

899 So.2d 379 (2005)

BESTONE EAST COAST USA CORP., and Gallagher Bassett Services, Inc., Appellants, v. Esteban SANCHEZ, deceased employee, Diana Isabel Sanchez, petitioner/claimant, Appellee.

District Court of Appeal of Florida, First District.

March 29, 2005.


Attorney(s) appearing for the Case

Benjamin D. Levy and Cindy J. Mishcon of Pyszka, Blackmon, Levy, Mowers & Kelley, Miami, for Appellants.

Martha D. Fornaris, Coral Gables and Bill McCabe, Longwood, for Appellee.


PADOVANO, J.

This is an appeal from a final order of the judge of compensation claims requiring the employer and its servicing agent to pay retroactive death benefits to a surviving child at a weekly rate of 662/3 percent of the employee's average weekly wage. Because the benefits available to any one surviving child are limited by statute to 331/3 percent of the decedent's average weekly wage, we reverse.

The claimant, Diana Isabel Sanchez, is the daughter...

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