Christy Siena v. Orange County Fire Rescue/CCMSI, 1st Dist. Court of Appeal; No. 1D2022-0958; appeal from an order of the Office of the Judges of Compensation claims, Neal P. Pitts; Decision Date: Oct. 25, 2023

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.