Presumptive dependents; termination of dependency
Sec. 13. (a) The following persons are conclusively presumed to
be wholly dependent for support upon a deceased employee and shall
constitute the class known as presumptive dependents in section 12
of this chapter:
(1) A wife upon a husband with whom she is living at the time
of his death, or upon whom the laws of the state impose the
obligation of her support at such time. The term "wife", as used
in this subdivision, shall exclude a common law wife unless
such common law relationship was entered into before January
1, 1958, and, in addition, existed openly and notoriously for a
period of not less than five (5) years immediately preceding the
death.
(2) A husband upon his wife with whom he is living at the time
of her death. The term "husband", as used in this subdivision,
shall exclude a common law husband unless such common law
relationship was entered into before January 1, 1958, and, in
addition existed openly and notoriously for a period of not less
than five (5) years immediately preceding the death.
(3) An unmarried child under the age of twenty-one (21) years
upon the parent with whom the child is living at the time of the
death of such parent.
(4) An unmarried child under twenty-one (21) years upon the
parent with whom the child may not be living at the time of the
death of such parent, but upon whom at such time, the laws of
the state impose the obligation to support such child.
(5) A child over the age of twenty-one (21) years who has never
been married and who is either physically or mentally
incapacitated from earning the child's own support, upon a
parent upon whom the laws of the state impose the obligation
of the support of such unmarried child.
(6) A child over the age of twenty-one (21) years who has never
been married and who at the time of the death of the parent is
keeping house for and living with such parent and is not
otherwise gainfully employed.
(b) As used in this section, the term "child" includes stepchildren,
legally adopted children, posthumous children, and acknowledged
children born out of wedlock. The term "parent" includes stepparents
and parents by adoption.
(c) The dependency of a child under subsections (a)(3) and (a)(4)
shall terminate when the child attains the age of twenty-one (21).
(d) The dependency of any person as a presumptive dependent
shall terminate upon the marriage of such dependent subsequent to
the death of the employee, and such dependency shall not be
reinstated by divorce. However, for deaths from injuries occurring on
and after July 1, 1977, a surviving spouse who is a presumptive
dependent and who is the only surviving dependent of the deceased
is entitled to receive, upon remarriage before the expiration of the
maximum statutory compensation period, a lump sum settlement
equal to the smaller of one hundred four (104) weeks of
compensation or the compensation for the remainder of the
maximum statutory period.
(e) The dependency of any child under subsection (a)(6) shall be
terminated at such time as such dependent becomes gainfully
employed or marries.
(Formerly: Acts 1937, c.69, s.7b; Acts 1947, c.164, s.3; Acts 1963,
c.388, s.9.) As amended by Acts 1977, P.L.261, SEC.4;
P.L.152-1987, SEC.7; P.L.134-1990, SEC.2.
Last modified: May 27, 2006