Widow’s survivor benefits terminate at the time she reaches the age of sixty (60), when she will qualify for widows’ benefits under the Social Security Act: MORSEY, INC. V. FRAZIER (SC 2/21/2008)

MORSEY, INC. V. FRAZIER
WORKERS COMP:  Survivor Benefits
2007-SC-000159-WC.pdf
PUBLISHED: REVERSING AND REMANDING
OPINION OF THE COURT
DATE RENDERED: 2/21/2008

KRS 342 .730(4) limits the duration of an award of survivors’ benefits to a widow of an employee who dies because of a work related accident to the date when the widow would qualify for regular Social Security retirement benefits based on the employee’s earnings record. Referring to 42 U.S .C. § 402(e), the Court held that a widow’s benefits terminate at the time she reaches the age of sixty (60), when she will qualify for widows’ benefits under the Social Security Act.

Digest by Peter Naake

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