New Mexico § 52-3-13 - Dependents defined; determination of

§ 52-3-13. Dependents defined; determination of

A. The following persons, and they only, shall be deemed dependents and entitled to

compensation under the provisions of the New Mexico Occupational Disease Disablement

Law: (1) a child under eighteen years of age or incapable of self-support and unmarried

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

educational institution; (2) 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; (3) a parent or grandparent only if actually dependent, wholly or partially, upon

the deceased; (4) 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 disablement. (5) questions as to who constitute dependents, and the extent of their dependency,

shall be determined as of the date of the disablement and their right to any death

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

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

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

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

brother or sister over eighteen 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 and actually dependent

or enrolled in an educational institution; (c) upon the death of any dependent. B. As used in this section the term “child” includes stepchildren, adopted children,

posthumous children, wholly dependent grandchildren and acknowledged illegitimate

children, but does not include married children unless dependent. The words “adopted” and “adoption” as used in the New Mexico Occupational Disease

Disablement Law shall include cases where persons are treated as adopted as well as

those of legal adoption.