Rodriguez v. Prestress Decking Corp.

KAHN, Judge.

Irma Rodriguez appeals a workers’ compensation order denying her death benefits for the death of her brother in a work-related accident. The judge of compensation claims denied appellant benefits based on the age restriction listed in section § 440.02(5), Florida Statutes, as applied to section 440.16(l)(b)(5), Florida Statutes. Those sections provide, in part:

§ 440.16 Compensation for death.—(1) If death results from the accident within 1 year thereafter or follows continuous disability and results from the accident within 5 years thereafter, the employer shall pay:(b)…