85.42 CONCLUSIVELY PRESUMED DEPENDENT.
The following shall be conclusively presumed to be wholly
dependent upon the deceased employee:
1. The surviving spouse, with the following exceptions:
a. When it is shown that at the time of the injury the
surviving spouse had willfully deserted deceased without fault of the
deceased, then such survivor shall not be considered as dependent in
any degree.
b. When the surviving spouse was not married to the deceased
at the time of the injury.
2. A child or children under eighteen years of age, and over said
age if physically or mentally incapacitated from earning, whether
actually dependent for support or not upon the parent at the time of
the parent's death. An adopted child or children shall be regarded
the same as issue of the body. A child or children, as used herein,
shall also include any child or children conceived but not born at
the time of the employee's injury, and any compensation payable on
account of any such child or children shall be paid from the date of
their birth. A stepchild or stepchildren shall be regarded the same
as issue of the body only when the stepparent has actually provided
the principal support for such child or children.
Section History: Early Form
[S13, § 2477-m16; C24, 27, 31, 35, 39, § 1402; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, § 85.42]
Referred to in § 85.43
85.42 CONCLUSIVELY PRESUMED DEPENDENT.
The following shall be conclusively presumed to be wholly
dependent upon the deceased employee:
1. The surviving spouse, with the following exceptions:
a. When it is shown that at the time of the injury the
surviving spouse had willfully deserted deceased without fault of the
deceased, then such survivor shall not be considered as dependent in
any degree.
b. When the surviving spouse was not married to the deceased
at the time of the injury.
2. A child or children under eighteen years of age, and over said
age if physically or mentally incapacitated from earning, whether
actually dependent for support or not upon the parent at the time of
the parent's death. An adopted child or children shall be regarded
the same as issue of the body. A child or children, as used herein,
shall also include any child or children conceived but not born at
the time of the employee's injury, and any compensation payable on
account of any such child or children shall be paid from the date of
their birth. A stepchild or stepchildren shall be regarded the same
as issue of the body only when the stepparent has actually provided
the principal support for such child or children.
Section History: Early Form
[S13, § 2477-m16; C24, 27, 31, 35, 39, § 1402; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, § 85.42]
Referred to in § 85.43
85.42 CONCLUSIVELY PRESUMED DEPENDENT.
The following shall be conclusively presumed to be wholly
dependent upon the deceased employee:
1. The surviving spouse, with the following exceptions:
a. When it is shown that at the time of the injury the
surviving spouse had willfully deserted deceased without fault of the
deceased, then such survivor shall not be considered as dependent in
any degree.
b. When the surviving spouse was not married to the deceased
at the time of the injury.
2. A child or children under eighteen years of age, and over said
age if physically or mentally incapacitated from earning, whether
actually dependent for support or not upon the parent at the time of
the parent's death. An adopted child or children shall be regarded
the same as issue of the body. A child or children, as used herein,
shall also include any child or children conceived but not born at
the time of the employee's injury, and any compensation payable on
account of any such child or children shall be paid from the date of
their birth. A stepchild or stepchildren shall be regarded the same
as issue of the body only when the stepparent has actually provided
the principal support for such child or children.
Section History: Early Form
[S13, § 2477-m16; C24, 27, 31, 35, 39, § 1402; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, § 85.42]
Referred to in § 85.43
