§ 8-41-501 — Persons presumed wholly dependent

(1) For the purposes of
articles 40 to 47 of this title, the following described persons shall be presumed to
be wholly dependent (however, such presumption may be rebutted by competent
evidence):

(a) Widow or widower, unless it is shown that she or he was voluntarily
separated and living apart from the spouse at the time of the injury or death or was
not dependent in whole or in part on the deceased for support;

(a.5) A person who is designated in a designated beneficiary agreement for
purposes of receiving workers' compensation benefits in accordance with the
provisions of article 22 of title 15, C.R.S., unless it is shown that the designated
beneficiary was voluntarily separated and living apart from the other designated
beneficiary at the time of the injury or death or was not dependent in whole or in
part on the deceased for support;

(b) Minor children of the deceased under the age of eighteen years, including
posthumous or legally adopted children;

(c) Minor children of the deceased who are eighteen years or over and under
the age of twenty-one years if it is shown that:

(I) At the time of the decedent's death they were actually dependent upon
the deceased for support; and

(II) Either at the time of the decedent's death or at the time they attained the
age of eighteen years they were engaged in courses of study as full-time students
at any accredited school. The period of presumed dependency of such persons shall
continue until they attain the age of twenty-one years or until they cease to be
engaged in courses of study as full-time students at an accredited school,
whichever occurs first.

Legislative History

Source: L. 90: Entire article R&RE, p. 484, � 1, effective July 1. L. 91: Entire section amended, p. 1350, � 1, effective May 29. L. 2009: (1) amended, (HB 09-1260), ch. 107, p. 439, � 2, effective July 1.