Article 3. Dependents of California Labor Code >> Division 4. >> Part 1. >> Chapter 2. >> Article 3.
(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.
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.
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 husband or
wife, 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, nephew or niece.