Johnson v. Pomeroy

ORDER AND JUDGMENT**

GREGORY K. FRIZZELL, District Judge.

The question presented in this appeal is whether the denial of extended workers’ compensation disability benefits to Richard Johnson based on his spouse’s income im-permissibly interferes with the Johnsons’ exercise of their constitutional rights to associate with one’s family and to marry. The district court held that the consideration of spousal income has only an incidental burden on the Johnsons’ marital relationship and did not constitute a violation of their constitutional rights. For the reasons set forth below, we AFFIRM.

I.…