(1) (a) The following persons are presumed to be wholly dependent for support upon a deceased employee: (i) a child under 18 years of age, subject to the conditions of Subsections (1)(b) and (2)(b); (ii) a child who is 18 years of age or older: (A) if the child is: (I) physically or mentally incapacitated; and (II) dependent upon the parent who is the deceased employee; and (B) subject to the conditions of Subsections (1)(b) and (2)(b); and (iii) for purposes of a payment to be made under Subsection 34A-2-702(5)(b)(i), a surviving spouse with whom the deceased employee lived at the time of the employee's death. (b) Subsections (1)(a)(i) and (ii) require that: (i) the deceased employee be the parent of the child; or (ii) (A) the deceased employee be legally bound to support the child; and (B) the child be living with the deceased employee at the time of the death of the employee.
(a) The following persons are presumed to be wholly dependent for support upon a deceased employee: (i) a child under 18 years of age, subject to the conditions of Subsections (1)(b) and (2)(b); (ii) a child who is 18 years of age or older: (A) if the child is: (I) physically or mentally incapacitated; and (II) dependent upon the parent who is the deceased employee; and (B) subject to the conditions of Subsections (1)(b) and (2)(b); and (iii) for purposes of a payment to be made under Subsection 34A-2-702(5)(b)(i), a surviving spouse with whom the deceased employee lived at the time of the employee's death.
(i) a child under 18 years of age, subject to the conditions of Subsections (1)(b) and (2)(b);
(ii) a child who is 18 years of age or older: (A) if the child is: (I) physically or mentally incapacitated; and (II) dependent upon the parent who is the deceased employee; and (B) subject to the conditions of Subsections (1)(b) and (2)(b); and
(A) if the child is: (I) physically or mentally incapacitated; and (II) dependent upon the parent who is the deceased employee; and
(I) physically or mentally incapacitated; and
(II) dependent upon the parent who is the deceased employee; and
(B) subject to the conditions of Subsections (1)(b) and (2)(b); and
(iii) for purposes of a payment to be made under Subsection 34A-2-702(5)(b)(i), a surviving spouse with whom the deceased employee lived at the time of the employee's death.
(b) Subsections (1)(a)(i) and (ii) require that: (i) the deceased employee be the parent of the child; or (ii) (A) the deceased employee be legally bound to support the child; and (B) the child be living with the deceased employee at the time of the death of the employee.
(i) the deceased employee be the parent of the child; or
(ii) (A) the deceased employee be legally bound to support the child; and (B) the child be living with the deceased employee at the time of the death of the employee.
(A) the deceased employee be legally bound to support the child; and
(B) the child be living with the deceased employee at the time of the death of the employee.
(2) (a) In a case not provided for in Subsection (1), the question of dependency, in whole or in part, shall be determined in accordance with the facts in each particular case existing at the time of the injury or death of an employee: (i) except for purposes of a dependency review under Subsection 34A-2-702(5)(b)(iv); and (ii) subject to the other provisions of this section. (b) A person may not be considered a dependent unless that person is: (i) a member of the family of the deceased employee; (ii) the spouse of the deceased employee; (iii) a lineal descendant or ancestor of the deceased employee; or (iv) a brother or sister of the deceased employee.
(a) In a case not provided for in Subsection (1), the question of dependency, in whole or in part, shall be determined in accordance with the facts in each particular case existing at the time of the injury or death of an employee: (i) except for purposes of a dependency review under Subsection 34A-2-702(5)(b)(iv); and (ii) subject to the other provisions of this section.
(i) except for purposes of a dependency review under Subsection 34A-2-702(5)(b)(iv); and
(ii) subject to the other provisions of this section.
(b) A person may not be considered a dependent unless that person is: (i) a member of the family of the deceased employee; (ii) the spouse of the deceased employee; (iii) a lineal descendant or ancestor of the deceased employee; or (iv) a brother or sister of the deceased employee.
(i) a member of the family of the deceased employee;
(ii) the spouse of the deceased employee;
(iii) a lineal descendant or ancestor of the deceased employee; or
(iv) a brother or sister of the deceased employee.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.