@kash I would think it would follow in this manner

Benefits may be available to replace a portion of family income that is lost when an employee dies because of a work-related injury or occupational illness. A surviving spouse, minor children, dependent grandchildren or other dependents of the deceased employee may be eligible to receive death benefits.

Death benefits may be paid to:

surviving spouse; minor child(ren); child(ren) enrolled in an accredited educational institution who is less than 25 years old; other dependent family member(s); or non-dependent parents — only when there are no surviving eligible dependent family members.

A surviving spouse may receive death benefits for the remainder of his or her life unless the spouse remarries. If there are dependent children at the time the employee dies, the death benefits are distributed one half to the surviving spouse, and the remaining half is distributed among the eligible children.

Death benefits equal 75 percent of the deceased employee's average weekly wage and are subject to maximum and minimum benefit amount restrictions. For example, if the deceased employee's average weekly wages were $500, death benefits would equal $375 per week

So if she doesn't get the money where does it go?

This now woman I believe did not make the choice to be an emotional woman in a man's body, only the choice to medically change the problem. She harmed no one. The question that keeps coming to my mind is "What is the compassionate thing to do?

Some are born with male parts, some with female parts. And some are born with male and female parts. Some parents have to make a choice when a child is born into this world. And they don't know the real sex of a child that is born with both male and female parts. So a parents heart breaks, is so torn in knowing what to do. How do they know they choose the right sex?
So I believe that a hormone of a female can exist in a male, making him think like a woman. And I also believe that male hormone of a male can exist in a woman, making her think like a man.
Who are we to judge?
So if a person fights hard with everything in them to not be gay. And it's hopeless. Who are we to judge them, if they choose to make a change of their sex?
If you was in their shoes, I know, in your heart you to would feel so out of place, and want to change to make your heart feel normal.
Don't judge, someday you may hear your child telling you, I'm gay. Then will you reject them because you just don't understand it all? Or felt what they have felt?To condemn is so easy. But, to love is hard.
But, when you just let people be who they are, life is not that hard.
She was married to this man. He loved her enough to marry her. So no matter what the world says, his love will always be with her.
That is what is wrong with so many today.
They just don't know how to truly love, and I mean truly love.
If you say you know love, and can not love others without conditions, then you don't know true love.

Amazing, I do not agree with all the issues, BUT - this person is now a woman, maybe Texas should sue the doctor that did the surgery..aparently that must be illegal too.get a grip - just because we do not agree with something does not make it wrong, but again, in this area that seems to be the mindset. Changing my gender is not for me, but I am not going to say it is not for anyone else. He married her and she was his wife she should get the benefits just as anyone else would.

Good 'ol Victorians, still afraid of love if it involves two men. Sheesh, get with the times, and learn how to keep your nose out of the bedroom and into more important matters. @ZaPaTeRoChUpA - what you say is true, the law is the law, there's no arguing that.

I wish the best for Nikki. Losing a husband is hard enough when your marriage is not dissolved by the law. She is not "claiming" to be a widow. She is a widow and should have the same rights as any other widow regardless of the circumstances of her birth.

I stand in solidarity with my trans sister.

did he know he was marrying a transgender or was this just his 'thing' ?

"If she was named as his beneficiary..." AvonPeggy missed the point.

This is NOT an insurance policy, where you can CHOOSE anyone as the beneficiary - this is a workers comp benefit for surviving SPOUSES. Since there is NO same-sex marriage in Texas - there is no spouse. The court got it right, they are not 'second guessing' anything.

Mutilating yourself, dressing like a woman and living with a man doesn't make you his WIFE any more than crawling into an oven makes you a biscuit...

Is she/he gonna use it to help support his two kids?

Good Lord, not this again.

jguill919, that was really funny.

If she was named as his beneficiary, then she should receive the money, regardless of the "legality" of the relationship. If I name a friend as beneficiary, then there would be no question about them receiving it, irregardless of gender. If courts rule that she should not receive the money even after he named her as beneficiary, then what makes me think that the beneficiary that I name, for my own personal reasons, would stand up in a court challenge? It is a slippery slope when courts start second guessing beneficiary assignments, which are legal documents.

This comment was removed by the site staff for violation of the usage agreement.

""If you were born a man, you are always a man ... that's the law in Texas right now," Campbell said."

Mr. Campbell, that's not just the law in Texas, that's the law of nature. You can cut "it" off and call yourself a woman but you're still a man even without the equipment.

Lots of things need to change with the times. Don't believe in all the transgender stuff or same sex unions, but I ain't closed minded about it. To each his own.

This comment was removed by the site staff for violation of the usage agreement.