§386-42  Dependents.  (a)  The following
persons, and no others, shall be deemed dependents and entitled to income, and
indemnity benefits under this chapter:



A child who is (1) unmarried and under eighteen
years, or (2) unmarried and under twenty years if the child is a full-time
student at a high school, business school, or technical school, or unmarried
and under twenty-two years if the child is a full-time undergraduate student at
a college, or (3) unmarried and incapable of self-support, or (4) married and
under eighteen years, if actually dependent upon the deceased;



The surviving spouse or reciprocal beneficiary,
if either living with the deceased at the time of the injury or actually
dependent upon the deceased;



A parent or grandparent, if actually dependent
upon the deceased;



A grandchild, brother, or sister, if (1) under
eighteen years or incapable of self-support, and (2) actually and wholly
dependent upon the deceased.



(b)  A person shall be deemed to be actually
dependent upon the deceased, if he or she contributed all or a substantial
portion of the living expenses of such person at the time of the injury.



(c)  Alien dependents not residing in the
United States at the time of the injury or leaving the United States
subsequently shall maintain annual proof of such dependency as required by the
director of labor and industrial relations. [L 1963, c 116, pt of §1; Supp,
§97-41; am L 1967, c 213, §1 and c 257, §1; HRS §386-42; am L 1971, c 87, §1;
am L 1974, c 151, §1; gen ch 1985; am L 1997, c 383, §54]



 



Case Notes



 



  Alien Japanese dependent upon leaving the United States loses
all rights to benefits; "leaving the U. S." construed; an alien widow
leaving the U.S. ceases to be a "dependent".  27 H. 431.



  Nonresident alien.  32 H. 118.  Alien "actually
residing".  32 H. 699.



  Illegitimate children.  31 H. 814.



  Citizen of Philippine Republic.  39 H. 258.



  Actual dependency of parents on child.  43 H. 173.



  Part-time students, as defined by each individual educational
institution, are not entitled to compensation under subsection (a) and
§386-43(a).  84 H. 390 (App.), 935 P.2d 105.



  Cited:  41 H. 442, 447.