A. The following persons shall be conclusively presumed to be dependents wholly dependent for support upon the deceased employee:
1. A wife upon a husband whom she had not voluntarily deserted or abandoned at the time of the accident or with whom she lived at the time of his accident, if she is then actually dependent upon him;
2. A husband upon a wife whom he had not voluntarily deserted at the time of the accident or with whom he lived at the time of her accident, if he is then actually dependent upon her;
3. A child under the age of eighteen upon a parent and a child over such age if physically or mentally incapacitated from earning a livelihood or a child under the age of twenty-three if enrolled as a full-time student in any accredited educational institution; and
4. Parents in destitute circumstances, provided there be no total dependents pursuant to other provisions of this section.
B. As used in this section, the term “child” shall include a stepchild, a legally adopted child, a posthumous child, and an acknowledged illegitimate child, but shall not include a married child; and the term “parent” shall include stepparents and parents by adoption.
History
Code 1950, § 65-63; 1968, c. 660, § 65.1-66; 1973, cc. 401, 542; 1991, c. 355.
