8.3.3.2 Proof of Dependency

• Jurisdiction: Arizona

. Neither surviving parents, siblings, nor stepparents are entitled to a presumption of dependency.^[61] The few reported decisions addressing the issue have held that use of income from the deceased employee for the purchase of “essentials” such as groceries is sufficient proof of at least partial dependency.^[62] A stepchild partially dependent upon the deceased employee at the time of the accident is entitled to a presumption of total dependency.^[63]

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^[61]A.R.S. § 23-1064 (A) (Supp. 1991).

^[62]Villapando v. Industrial Comm’n, 70 Ariz. 55, 216 P.2d 397 (1950); Waite v. Industrial Comm’n, 68 Ariz. 299, 205 P.2d 579 (1949); Fish v. Industrial Comm’n, 12 Ariz. App. 486, 472 P.2d 97 (Ct. App. 1970); compare Magma Copper Co. v. Aldrete, 70 Ariz. 48, 216 P.2d 392 (1950); see also Federico v. Industrial Comm’n, 186 Ariz. 382, 923 P.2d 848 (Ct. App. 1996). Although the claimant had no records and could not quantify the amount of the decedent’s support, evidence that the decedent did work around the claimant’s house and occasionally gave her cash and paid her grocery, utility, and medical bills, was sufficient proof of partial...