§ 28-33-13 — § 28-33-13. Persons presumed wholly dependent.

§ 28-33-13. Persons presumed wholly dependent.

The following persons shall be conclusively presumed to be wholly dependent for support upon a deceased employee:

(1) A spouse either residing with the deceased employee or living apart from the deceased employee for justifiable cause, or a spouse who had been deserted or was dependent on the deceased employee, at the time of the employee's death. The findings of the workers' compensation court upon the questions of justifiable cause and desertion shall be final for the purposes of this chapter.

(2) A child or children, including adopted and stepchildren, under the age of eighteen (18) years, or over that age but physically or mentally incapacitated from earning, upon the parent with whom the child is or children are living or upon whom the child is or children are dependent at the time of the death of that parent, there being no surviving dependent parent. In case there is more than one child who is dependent, the compensation hereunder shall be equally divided among them.

Legislative History

P.L. 1912, ch. 831, art. 2, § 7; P.L. 1917, ch. 1534, § 3; G.L. 1923, ch. 92, art. 2, § 7; G.L. 1938, ch. 300, art. 2, § 7; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-13; P.L. 2025, ch. 117, § 2, effective July 1, 2025; P.L. 2025, ch. 118, § 2, effective July 1, 2025.