Workers Compensation Law: Statutory Categories of Marriage and Domestic Partners

Same-Sex Marriages and Domestic Partners

Larson’s Workers’ Compensation Law: Chapter 96, which provides an important introductory framework for the Treatise's overall discussion of Dependency and Death Benefits, has been updated and revised. As pointed out in the chapter, two factors are at the core of almost all dependency questions: claimant's compliance with statutory requirements of relationship to the deceased, and dependency in fact.

Under most statutes, a widow (or widower) and young children living with the deceased need prove only this relationship, but if not living with the deceased must prove dependency in fact. Other eligible claimants must usually prove actual dependency. Definitions of "family" are changing, of course, and these changes are being reflected more and more even in so-called "traditional" areas of law such as workers' compensation. (workersxzcompxzkit)

For example, the California Supreme Court recently held that provisions of the state's Family Code [Cal. Fam. Code §§ 300 and 308.5] that draw a distinction between opposite-sex couples and same-sex couples are unconstitutional to the extent that they exclude the latter from access to the designation of marriage. The ruling should make it easier for some same-sex partners to claim and recover workers' compensation benefits. Under former law, a same-sex partner earning less than $30,000 a year had to prove dependency. Now dependency for such partners will be conclusively presumed. See Larson’s Workers’ Compensation Law: Ch. 96, § 96.02[6]

© Copyright 2010 LexisNexis. All rights reserved. This material is excerpted from Larson’s Workers’ Compensation Law. Reprinted with permission.

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.