Partial dependents shall be entitled to receive only that portion of the benefits provided for those wholly dependent which the average amount of the wages regularly contributed by the deceased to such partial dependents at and for a reasonable time immediately prior to the injury bore to the total income of the dependents during the same time. The director has power and discretion to determine the proper elements to be considered as income of said dependents in each particular case. Where there are persons both wholly dependent and partially dependent, only those wholly dependent shall be entitled to compensation.
Source: L. 90: Entire article R&RE, p. 496, § 1, effective July 1.
Editor's note: This section is similar to former § 8-50-104 as it existed prior to 1990.
Structure Colorado Code
§ 8-42-103. Disability Indemnity Payable as Wages - Period of Disability
§ 8-42-104. Effect of Previous Injury or Compensation
§ 8-42-105. Temporary Total Disability
§ 8-42-106. Temporary Partial Disability
§ 8-42-107.5. Limits on Temporary Disability Payments and Permanent Partial Disability Payments
§ 8-42-107.6. Premium Dividend for Employing Injured Employees
§ 8-42-108. Disfigurement - Additional Compensation
§ 8-42-109. Added Compensation for Additional Injuries
§ 8-42-111. Award for Permanent Total Disability
§ 8-42-112. Acts of Employees Reducing Compensation
§ 8-42-112.5. Limitation on Payments - Use of Controlled Substances
§ 8-42-113.5. Recovery of Overpayments - Notice Required
§ 8-42-115. Death From Injury - Benefits
§ 8-42-116. When Death Not Proximate Result - Benefits
§ 8-42-117. Benefits to Partial Dependents
§ 8-42-118. Applicability of Repeal of Death Benefits to Nonresident Dependents
§ 8-42-119. Partial Dependents - Compensation
§ 8-42-120. Termination of Right to Benefits
§ 8-42-121. Director to Determine and Apportion Benefits
§ 8-42-122. Minor Dependents - Safeguarding Payments
§ 8-42-124. Assignability and Exemption of Claims - Payment to Employers - When
§ 8-42-125. Data Gathering on Workers' Compensation System
§ 8-42-126. Monetary Benefits and Penalties - Timely Payment - Determination of Date Deemed Paid