GOMEZ V. WINDOWS ON THE WORLD
804 N.Y.S.2d 849 (2005)
NATURE OF THE CASE: Escalante (D) sought review of a decision of the New York Workers'
Compensation Board, which ruled that Gomez (P) was the surviving spouse of the decedent
worker and awarded the claimant benefits.
FACTS: Wilder (hereinafter decedent) died on September 11, 2001 in the terrorist attacks
upon the World Trade Center. When P applied for a workers' compensation death benefit as
decedent's surviving spouse, Elisa Gomez Escalante (D) objected and likewise sought a death
benefit as decedent's surviving spouse. It appears that Wilder married Escalante (D) in his
native Colombia in 1984 and, following his solitary emigration to the United States in 1991,
decedent married P in New York in 1992. A Workers' Compensation Law Judge concluded that P
was decedent's surviving spouse and awarded benefits. The Workers' Compensation Board
affirmed, prompting this appeal.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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