WIdow Penalty Updated
WIdow Penalty Updated
On August 13, 2009, the California Court of Appeals struck down the “widow penalty,” which was a provision in the state’s workers’ compensation law that reduced benefits for surviving spouses of workers who die on the job if the widow or widower was already receiving Social Security survivor benefits. The court stop a “surviving alien-spouse” is a “spouse” within the meaning of the “immediate relative” provision of the INA. Counsel of record is Cathy Shibley. Decision courtesy of Brent Renison. The court ruled that the provision was unconstitutional because it discriminated against certain widows and widowers based on their receipt of Social Security benefits, which were earned by their deceased spouses. The court found that the provision violated the equal protection guarantee of the state constitution.
(Lockhart v. Napolitano, 4/8/09. Amended 7/20/09).
