Takeaway: State laws govern workers' compensation. Death benefits are designed to compensate family members, usually related by blood or marriage, for the loss of financial support they previously received from the now-deceased employee. In many states, spouses are presumed to be dependents, regardless of income.
The Supreme Court of Iowa recently affirmed that the mere separation[GC1] of a husband and wife, by itself, does not affect the right of a surviving spouse to workers' compensation benefits.
Almost two and a half years into an Iowa couple's marriage, the plaintiff left the marital home in search of employment elsewhere. She ultimately accepted a position in Cedar Rapids as a direct care provider with Linnhaven Inc. The plaintiff moved in with a family friend, while her husband and her son from a previous relationship moved to Manchester, where the husband worked. The husband and plaintiff never lived together again, but they remained in contact, supported each other financially and never sought a divorce.
A year after her move, the plaintiff was permanently and totally disabled as a result of a work injury and was awarded workers' compensation benefits. She died from an overdose of prescription medication approximately four years later.
When the husband filed a claim for burial expenses and death benefits as the surviving spouse, the plaintiff's employer and her insurer claimed he was not entitled to those benefits under Iowa law because he had willfully deserted...
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