23-1064. Presumptions of dependency;
determination
A. The following persons are conclusively presumed to be totally dependent for
support upon a deceased employee:
1. A wife upon a husband whom she has not voluntarily abandoned at the time of the
injury.
2. A husband upon a wife whom he has not voluntarily abandoned at the time of the
injury.
3. A natural, posthumous or adopted child under the age of eighteen years or under
the age of twenty-two years if enrolled as a full-time student in any accredited
educational institution, or over that age if physically or mentally incapacitated from
wage earning, upon the injured parent. Stepparents may be regarded as parents, if
dependent, and a stepchild as a natural child if dependent.
B. Questions of dependency and the extent thereof shall be determined as of the
date of the injury to the employee and the dependent's right to any death benefit shall
become fixed as of such time irrespective of any subsequent change in conditions, and the
death benefits shall be directly recoverable by and payable to the dependent entitled
thereto.
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