§ 22-3-3-19 — Presumptive dependents; termination of dependency

Indiana § 22-3-3-19

• Jurisdiction: Indiana
• Art. 3: WORKER'S COMPENSATION SYSTEM
• Ch. 3: Worker's Compensation: Notice of Injury; Treatment

Text

(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 18 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 employee 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
compensation 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 1929, c.172, s.38a; Acts 1947, c.162, s.8; Acts
1963, c.387, s.10. As amended by Acts 1977, P.L.261, SEC.2;
P.L.152-1987, SEC.6; P.L.134-1990, SEC.1.