Wednesday, December 18, 2002
New York State Worker’s Board rule on domestic partner benefits
A story published today by the Downtown Express reports that in two separate rulings issued less than two weeks apart, the New York State Workers' Compensation Board offered two divergent views on whether a same-sex partners who loses a domestic partner in a workplace-related death is eligible for "spousal benefits."
In a ruling dated Nov. 22, Larry Courtney was awarded such benefits in connection with the death of his partner Eugene Clark, who was at work at Aon Consulting on the 102nd floor of Two World Trade Center on Sept. 11 of last year.
A change in state law enacted this August that applies only to surviving partners of 9-11 victims made Courtney eligible for Workers Compensation benefits, but significantly, the board's ruling on his claim outlined an elaborate rationale for his eligibility, based on his longtime domestic partnership and wholly separate from the new statute.
"It seems that the Workers Compensation Board is reticent, at least, to give benefits to same-sex partners without clear direction in legislation," said Ross Levi, ESPA's legislative counsel. "It makes clear the need to change the law to extend beyond what we've already done with respect to 9-11."
Levi said that ESPA has found broad support among political leaders in Albany, including Governor George Pataki, for changes to state law to provide equity for gay and lesbian partners on specific issues like workers' compensation, though he hastened to add that this does not yet translate into sympathy for a more comprehensive reform such as same-sex marriage.
The decision awarding benefits to Courtney specifically cited the couples' 14-year relationship, their registration in New York City as domestic partners, their financial and emotional interdependence, the fact that they were widely perceived as a "married couple," and their joint care of Clark's late mother. The ruling also noted that "the term 'spouse' is not specifically defined in New York State Workers' Compensation Law to only mean the opposite sex partner in marriage."
