Code Section Group

Labor Code - LAB

DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002]

  ( Heading of Division 4 amended by Stats. 1979, Ch. 373. )

PART 1. SCOPE AND OPERATION [3200 - 4418]

  ( Part 1 enacted by Stats. 1937, Ch. 90. )

CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553]

  ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

ARTICLE 3. Dependents [3501 - 3503]
  ( Article 3 enacted by Stats. 1937, Ch. 90. )

3501.
  

(a) A child under the age of 18 years, or a child of any age found by any trier of fact, whether contractual, administrative, regulatory, or judicial, to be physically or mentally incapacitated from earning, shall be conclusively presumed to be wholly dependent for support upon a deceased employee-parent with whom that child is living at the time of injury resulting in death of the parent or for whose maintenance the parent was legally liable at the time of injury resulting in death of the parent.

(b) A spouse to whom a deceased employee is married at the time of death shall be conclusively presumed to be wholly dependent for support upon the deceased employee if the surviving spouse earned thirty thousand dollars ($30,000) or less in the twelve months immediately preceding the death.

(Amended by Stats. 2013, Ch. 786, Sec. 1. (AB 607) Effective January 1, 2014.)

3502.
  

In all other cases, questions of entire or partial dependency and questions as to who are dependents and the extent of their dependency shall be determined in accordance with the facts as they exist at the time of the injury of the employee.

(Enacted by Stats. 1937, Ch. 90.)

3503.
  

No person is a dependent of any deceased employee unless in good faith a member of the family or household of the employee, or unless the person bears to the employee the relation of spouse, child, posthumous child, adopted child or stepchild, grandchild, father or mother, father-in-law or mother-in-law, grandfather or grandmother, brother or sister, uncle or aunt, brother-in-law or sister-in-law, or nephew or niece.

(Amended by Stats. 2016, Ch. 50, Sec. 63. (SB 1005) Effective January 1, 2017.)

LABLabor Code - LAB3