Section 112.1816(2) does not bar entitlement to death benefits under Florida’s workers’ compensation statute Section 440.16.

The claimant’s husband, a firefighter, died of brain cancer. Prior to his death, the injured worked requested and received benefits under the firefighter’s cancer diagnosis statute, 112.1816(2), which provides for a one-time cash payout of $25,000 and medical care. Later, the claimant sought death benefits under both Fla. Stat. 112.1816(2) and Stat. 440.16. The employer paid the chapter 112 death benefit but denied the chapter 440 benefit. The judge of compensation claims ruled that death benefits under chapter 112 was the sole remedy. 

The First District Court of Appeal disagreed, holding that workers’ compensation death benefits are in addition to the benefits provided in chapter 112. The lower court’s order was vacated.
 

_{What’s Hot in Workers’ Comp, Vol. 27, No. 11, November 2023, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2023 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}