New Mexico § 52-1-17 - Dependents

§ 52-1-17. Dependents

As used in the Workers' Compensation Act, unless the context otherwise requires, the

following persons, and they only, shall be deemed dependents and entitled to compensation

under the provisions of the Workers' Compensation Act: A. a child under eighteen years of age or incapable of self-support and unmarried

or under twenty-three years of age if enrolled as full-time student in any accredited

educational institution; B. the widow or widower, only if living with the deceased at the time of his death

or legally entitled to be supported by him, including a divorced spouse entitled to

alimony; C. a parent or grandparent only if actually dependent, wholly or partially, upon the

deceased; and D. a grandchild, brother or sister only if under eighteen years of age or incapable

of self-support, and wholly dependent upon the deceased. The relation of dependency must exist at the time of the injury. E. Questions as to who constitute dependents and the extent of their dependency shall

be determined as of the date of the injury, and their right to any death benefit shall

cease upon the happening of any one of the following contingencies: (1) upon the marriage of the widow or widower; (2) upon a child, grandchild, brother or sister reaching the age of eighteen years,

unless the child, grandchild, brother or sister at such time is physically or mentally

incapacitated from earnings, or upon a dependent child, grandchild, brother or sister

becoming self-supporting prior to attaining that age or if a child, grandchild, brother

or sister over eighteen years of age who is enrolled as a full-time student in any

accredited educational institution ceases to be so enrolled or reaches the age of

twenty-three. A child, grandchild, brother or sister who originally qualified as a dependent by

virtue of being less than eighteen years of age may, upon reaching age eighteen, continue

to qualify if physically or mentally incapable of self-support, actually dependent

or enrolled in an educational institution; or (3) upon the death of any dependent.