1. A. In respect to death benefits under the Workers' Compensation Act, the following definitions shall apply:

   1. (1) "Actually dependent" means:
   2. a. a surviving spouse as defined in this section;
   3. b. a child as defined in this section; or
   4. c. any other person dependent in fact upon the employee and refers only to a person who receives one-half (1/2) or more of his support from the employee;
   5. (2) "Surviving spouse" means only the employee's spouse living with or actually dependent upon the employee at the time of his injury or death, or living apart for justifiable cause or by reason of desertion by the employee;
   6. (3) "Child" means a natural or adopted son or daughter of the employee under eighteen (18) years of age; or a natural or adopted son or daughter of an employee eighteen (18) years of age or over and physically or mentally incapable of self-support; or any natural or adopted son or daughter of an employee eighteen (18) years of age or over who is actually dependent; or any natural or adopted son or daughter of an employee between eighteen (18) and twenty-three (23) years of age who is enrolled as a full-time student in any accredited educational institution. The term "child" includes a post-humous child, a child legally adopted or one for whom adoption proceedings are pending at the time of death, an actually dependent stepchild or an actually dependent acknowledged child born out of wedlock;
   7. (4) "Grandchild" means a child of a child, as herein defined;
   8. (5) "Brother" and "sister" means a sibling of the employee under eighteen (18) years of age, eighteen (18) years of age or over and physically or mentally incapable of self-support, eighteen (18) years of age or over and actually dependent and brothers and sisters by adoption. Married brothers or married sisters shall not be included except as provided in paragraph (1) of this section; and
   9. (6) "Parent" means a mother or father, a stepparent, a parent by adoption and a parent-in-law, if actually dependent in each case except as provided in paragraph (1) of this section.
2. B. All questions of relationship and dependency shall be determined as of the time of injury for purposes of income benefits for injury, and as of the time of death for purposes of income benefits for death.

Added by Laws 1951, HB 312, c. 2, p. 267, § 1, emerg. eff. May 29, 1951; Amended by Laws 1977, HB 1228, c. 234, § 7, emerg. eff. July 1, 1978; Amended by Laws 1999, SB 672, c. 420, § 4, eff. November 1, 1999 (superseded document available).