§ 97-39. Widow, widower, or child to be conclusively presumed to be dependent; other cases determined upon facts; division of death benefits among those wholly dependent; when division among partially
§97‑39. Widow, widower, or child to be conclusively presumed to bedependent; other cases determined upon facts; division of death benefits amongthose wholly dependent; when division among partially dependent.
A widow, a widower and/or achild shall be conclusively presumed to be wholly dependent for support uponthe deceased employee. In all other cases questions of dependency, in whole orin part shall be determined in accordance with the facts as the facts may be atthe time of the accident, but no allowance shall be made for any payment madein lieu of board and lodging or services, and no compensation shall be allowedunless the dependency existed for a period of three months or more prior to theaccident. If there is more than one person wholly dependent, the death benefitshall be divided among them, the persons partly dependent, if any, shallreceive no part thereof. If there is no one wholly dependent, and more than oneperson partially dependent, the death benefit shall be divided among them accordingto the relative extent of their dependency.
The widow, or widower and allchildren of deceased employees shall be conclusively presumed to be dependentsof deceased and shall be entitled to receive the benefits of this Article forthe full periods specified herein. (1929, c. 120, s. 39.)