Dependents; classification
Sec. 12. (a) Dependents under this chapter shall consist of the
following three (3) classes:
(1) Presumptive dependents.
(2) Total dependents in fact.
(3) Partial dependents in fact.
(b) Presumptive dependents shall be entitled to compensation to
the complete exclusion of total dependents in fact and partial
dependents in fact and shall be entitled to such compensation in
equal shares.
(c) Total dependents in fact shall be entitled to compensation to
the complete exclusion of partial dependents in fact and shall be
entitled to such compensation, if more than one (1) such dependent
exists, in equal shares. The question of total dependency shall be
determined as of the time of death.
(d) Partial dependents in fact shall not be entitled to any
compensation if any other class of dependents exist. The weekly
compensation to persons partially dependent in fact shall be in the
same proportion to the weekly compensation of persons wholly
dependent as the average amount contributed weekly by the deceased
to such partial dependent in fact bears to his average weekly wages
at the time of the disablement. The question of partial dependency in
fact shall be determined as of the time of the disablement.
(Formerly: Acts 1937, c.69, s.7a; Acts 1947, c.164, s.2.) As amended
by P.L.144-1986, SEC.62.
Last modified: May 27, 2006