2006 Utah Code - 34A-2-403 — Dependents -- Presumption.

     34A-2-403.   Dependents -- Presumption.
     (1) The following persons shall be presumed to be wholly dependent for support upon a deceased employee:
     (a) a child under 18 years of age, or over if the child is physically or mentally incapacitated and dependent upon the parent, with whom the child is living at the time of the death of the parent, or who is legally bound for the child's support; and
     (b) for purposes of payments to be made under Subsection 34A-2-702(5)(a)(i), a surviving spouse with whom the deceased employee lived at the time of the employee's death.
     (2) (a) In a case not provided for in Subsection (1), the question of dependency, in whole or in part, shall be determined in accordance with the facts in each particular case existing at the time of the injury or death of an employee, except for purposes of dependency reviews under Subsection 34A-2-702(5)(a)(iv).
     (b) A person may not be considered as a dependent unless that person is:
     (i) a member of the family of the deceased employee;
     (ii) the spouse of the deceased employee;
     (iii) a lineal descendant or ancestor of the deceased employee; or
     (iv) brother or sister of the deceased employee.
     (3) As used in this chapter and Chapter 3, Utah Occupational Disease Act:
     (a) "brother or sister" includes a half brother or sister; and
     (b) "child" includes:
     (i) a posthumous child; or
     (ii) a child legally adopted prior to the injury.

Renumbered and Amended by Chapter 375, 1997 General Session