Bestone East Coast USA Corp. v. Sanchez

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 66% percent of the employee’s average weekly wage. Because the benefits available to any one surviving child are limited by statute to 33% percent of the decedent’s average weekly wage, we reverse.

The claimant, Diana Isabel Sanchez, is the daughter and sole surviving dependent of the deceased employee, Esteban Sanchez. Miss Sanchez was fifteen and living with her father when he died in a work-related…