8.3.2.2 Presumption of Dependency

• Jurisdiction: Arizona

. A natural, posthumous, or adopted child under the age of 18 is conclusively presumed to have been totally dependent for support upon a deceased employee.^[45] A child 18 years of age or older is entitled to the same presumption “if physically or mentally incapacitated from wage earning.”^[46] No benefit is payable, however, to a surviving child who has undergone adoption by another person prior to the deceased employee’s death.^[47]

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^[45]A.R.S. § 23-1064 (A)(3) (Supp. 1991).

^[46]Id.

^[47]Holder v. Industrial Comm’n, 125 Ariz. 366, 609 P.2d 1066 (Ct. App. 1980).