Sec. 12. (a) Dependents under this chapter shall consist of the following three (3) classes:
(1) Presumptive dependents.
(2) Total dependents in fact.
(3) Partial dependents in fact.
(b) Presumptive dependents shall be entitled to compensation to the complete exclusion of total dependents in fact and partial dependents in fact and shall be entitled to such compensation in equal shares.
(c) Total dependents in fact shall be entitled to compensation to the complete exclusion of partial dependents in fact and shall be entitled to such compensation, if more than one (1) such dependent exists, in equal shares. The question of total dependency shall be determined as of the time of death.
(d) Partial dependents in fact shall not be entitled to any compensation if any other class of dependents exist. The weekly compensation to persons partially dependent in fact shall be in the same proportion to the weekly compensation of persons wholly dependent as the average amount contributed weekly by the deceased to such partial dependent in fact bears to his average weekly wages at the time of the disablement. The question of partial dependency in fact shall be determined as of the time of the disablement.
Formerly: Acts 1937, c.69, s.7a; Acts 1947, c.164, s.2. As amended by P.L.144-1986, SEC.62.
Structure Indiana Code
Article 3. Worker's Compensation System
Chapter 7. Worker's Occupational Diseases Compensation
22-3-7-2. Applicability; Burden of Proof; Police and Firefighter Coverage
22-3-7-2.5. School to Work Student
22-3-7-3. Waiver of Exemption From Act by Employer; Notice of Acceptance; Filing
22-3-7-5. Coal Mining; Application of Law
22-3-7-7. Statutory Duties; Application of Law
22-3-7-8. Place of Exposure; Foreign States or Foreign Countries
22-3-7-9. Definitions; Applicability of Chapter; Exemptions
22-3-7-9-b. Definitions; Applicability of Chapter; Exemptions
22-3-7-9.2. "Violation of the Employment of Minors Laws of This State"
22-3-7-10. Definitions; Course of Employment
22-3-7-10.5. Average Weekly Wages of Public Employee; Determination
22-3-7-11. Death Benefits; Payment
22-3-7-12. Dependents; Classification
22-3-7-13. Presumptive Dependents; Termination of Dependency
22-3-7-14. Dependents; Total or Partial Dependents; Relatives; Termination of Dependency
22-3-7-15. Death Benefits; Burial Expenses
22-3-7-16. Disablements; Awards
22-3-7-16-b. Disablements; Awards
22-3-7-17.1. Collection of Medical Expense Payments; Civil Penalties; Good Faith Errors
22-3-7-17.2. Billing Review Service Standards
22-3-7-17.2-b. Billing Review Service Standards
22-3-7-17.4. Repackaged Drugs; Maximum Reimbursement Amount
22-3-7-17.6. Formulary; Reimbursement for "N" Drug
22-3-7-18. Awards; Lump Sum Payments
22-3-7-19. Awards; Computation; Average Weekly Wages
22-3-7-19-b. Awards; Computation; Average Weekly Wages
22-3-7-20. Physical Examinations; Board and Lodging; Traveling Expenses; Reports; Autopsy
22-3-7-21. Awards; Disqualification
22-3-7-22. Industrial Board; Expenses; Office Space; Meetings
22-3-7-23. Jurisdiction; Administration
22-3-7-24. Rules; Hearings; Subpoenas; Production of Books and Papers; Attorney's Fees
22-3-7-25. Forms and Literature; Reports; Confidential Information
22-3-7-26. Disputes; Settlement
22-3-7-27. Awards; Modification; Hearings; Appeals; Investigations
22-3-7-28. Destruction of Records
22-3-7-30. Awards; Private Agreements; Filing
22-3-7-31. Waiver of Compensation; Approval; Silicosis or Asbestosis
22-3-7-32. Actions and Proceedings; Notice; Limitation of Actions
22-3-7-33. Exposure; Presumptions; Joint Employers
22-3-7-34. Insurance; Self-Insurance; Exemptions
22-3-7-34.3. Proof of Compliance; Notice; Civil Penalty; Internet Posting
22-3-7-35. Contract Relieving Employer of Obligations
22-3-7-36. Third Parties; Actions to Recover Damages; Subrogation; Limitation of Actions