65.2-515 - Persons conclusively presumed to be wholly dependent. - Virginia Statutes

§ 65.2-515. Persons conclusively presumed to be wholly dependent.

A. The following persons shall be conclusively presumed to be dependentswholly dependent for support upon the deceased employee:

1. A wife upon a husband whom she had not voluntarily deserted or abandonedat the time of the accident or with whom she lived at the time of hisaccident, if she is then actually dependent upon him;

2. A husband upon a wife whom he had not voluntarily deserted at the time ofthe accident or with whom he lived at the time of her accident, if he is thenactually dependent upon her;

3. A child under the age of eighteen upon a parent and a child over such ageif physically or mentally incapacitated from earning a livelihood or a childunder the age of twenty-three if enrolled as a full-time student in anyaccredited educational institution; and

4. Parents in destitute circumstances, provided there be no total dependentspursuant to other provisions of this section.

B. As used in this section, the term "child" shall include a stepchild, alegally adopted child, a posthumous child, and an acknowledged illegitimatechild, but shall not include a married child; and the term "parent" shallinclude stepparents and parents by adoption.

(Code 1950, § 65-63; 1968, c. 660, § 65.1-66; 1973, cc. 401, 542; 1991, c.355.)