|
 Disabled Gay Man Fights For Workers Comp.
Benefits
by 365Gay.com Newscenter Staff
Posted: July 10, 2007 - 3:00 pm ET
(Richmond, Virginia) A 48-year old Virginia
man is battling the state Workers Compensation Commission for death benefits
stemming from an accident that ultimately led to the death of his same-sex
partner in 2005.
Thomas Edwin Dunnavant and Phillip Pettus met in
1980 and began dating. In 1997 they decided to live together as a couple.
At the time Pettus was working as a
mechanic. But in 2001 he suffered a serious back injury and died of
complications on Christmas Eve of 2004.
Dunnavant, who suffers from fibromyalgia, chronic
fatigue syndrome, depression and type two diabetes depended completely on Pettus
for almost all of his living expenses.
But when he applied to the Workers Compensation
Commission for death benefits he was rejected.
"This case is about making sure that the
rules are applied fairly to everyone," said Greg Nevins, a senior attorney
with Lambda Legal which is representing Dunnavant.
"Virginia law broadly gives anyone dependent
on a deceased worker the right to claim benefits; there is no 'same-sex partner
exception' to the rule."
In turning down Dunnavant the commission
discounted Dunnavant's dependence on Pettus saying that both men contributed to
the running of their home and that because he wasn't Pettus' spouse, he could
not be considered a dependent.
Lambda has appealed the ruling to the Virginia
Court of Appeals.
"The Commission dismissively rejected the
characterization of them as 'life partners,' and labeled them as mere
'housemates,'" Lambda argues in a brief filed Tuesday with the court.
Lambda also argues that the Commission also
sought to deny Dunnavant benefits based on the review panel's conclusion that no
"family relationship" existed between Pettus and Dunnavant, "even
though there is no requirement in the (workers compensation) statute that there
be a family relationship between a worker and someone dependant on that
worker."
©365Gay.com 2007
|
Entertainment
