A father has two children: one is a marital child and the other is a nonmarital child. If the father dies from a workplace injury:

Question

Quizplus · Accepted Answer

According to the Supreme Court case Trimble v. Gordon, the state cannot treat a nonmarital child differently from a marital child in determining benefits for workers' compensation. Therefore, the state cannot prefer one child over the other in the award of workers' compensation. The nonmarital child can receive workers' compensation regardless of whether paternity was established before death or if he or she was living with the father at the time of death.

A Father Has Two Children: One Is a Marital Child