                                 CODE OF VIRGINIA

PERSONS CONCLUSIVELY PRESUMED TO BE WHOLLY DEPENDENT (§ 65.2-515)

A. The following persons shall be conclusively presumed to be dependents wholly
dependent for support upon the deceased employee:

   1. A spouse upon his deceased spouse whom he had not voluntarily deserted at
   the time of the accident or with whom he lived at the time of the accident, if
   he is then actually dependent upon his deceased spouse;

   2. A child under the age of 18 upon a parent and a child over such age if
   physically or mentally incapacitated from earning a livelihood or a child
   under the age of 23 if enrolled as a full-time student in any accredited
   educational institution; and

   3. Parents in destitute circumstances, provided that there are no total
   dependents pursuant to other provisions of this section.

B. As used in this section, &#8220;child&#8221; includes a stepchild, a legally
adopted child, a posthumous child, and an acknowledged illegitimate child, but
does not include a married child, and &#8220;parent&#8221; includes stepparents
and parents by adoption.

HISTORY: Code 1950, § 65-63; 1968, c. 660, § 65.1-66; 1973, cc. 401, 542;
1991, c. 355; 2020, c. 900.