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

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

A parent or grandparent, if actually dependentupon the deceased;

A grandchild, brother, or sister, if (1) undereighteen years or incapable of self-support, and (2) actually and whollydependent upon the deceased.

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

(c)  Alien dependents not residing in theUnited States at the time of the injury or leaving the United Statessubsequently shall maintain annual proof of such dependency as required by thedirector 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 losesall rights to benefits; "leaving the U. S." construed; an alien widowleaving the U.S. ceases to be a "dependent".  27 H. 431.

  Nonresident alien.  32 H. 118.  Alien "actuallyresiding".  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 educationalinstitution, 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.