The following shall be conclusively presumed to be wholly dependent upon the deceased employee:
1. The surviving spouse, with the following exceptions:
a. When it is shown that at the time of the injury the surviving spouse had willfully deserted the deceased without fault of the deceased, then the surviving spouse shall not be considered as dependent in any degree.
b. When the surviving spouse was not married to the deceased at the time of the injury.
2. A child or children under eighteen years of age, and over said age if physically or mentally incapacitated from earning, whether actually dependent for support or not upon the parent at the time of the parent’s death. An adopted child or children shall be regarded the same as issue of the body. The terms “child” or “children”, as used in this subsection, shall also include any child or children conceived but not born at the time of the employee’s injury, and any compensation payable on account of any such child or children shall be paid from \n Tue Dec 09 22:29:52 2025 Iowa Code 2026, Chapter 85 (59, 0) §85.42, WORKERS’ COMPENSATION 22\n\nthe date of their birth. A stepchild or stepchildren shall be regarded the same as issue of the body only when the stepparent has actually provided the principal support for such child or children. [S13, §2477-m16; C24, 27, 31, 35, 39, §1402; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.42] 2020 Acts, ch 1062, §21; 2020 Acts, ch 1063, §43; 2023 Acts, ch 66, §15 Referred to in §85.43 \n
Notes of Decisions
Rojas v. Pine Ridge Farms, L.L.C., 779 N.W.2d 223 (Iowa 2010).
· cites it 12× “Iowa Code section 85.42 provides in relevant part: The following shall be conclusively presumed to be wholly dependent upon the deceased employee: 1.”
Snook v. Herrmann, 161 N.W.2d 185 (Iowa 1968).
· cites it 22× “Appellants assert the trial court erred in holding (1) a natural child of a deceased employee, adopted by and living with adoptive parents prior to death of the natural parent, was conclusively presumed to be wholly dependent on the deceased employee under Code section 85.42 and…”
Day v. Town Club, 45 N.W.2d 222 (Iowa 1950).
· cites it 12× “Liability is admitted, and the issue presented is who are the beneficiaries under section 85.42, Code, 1946. Section 85.42, Code, 1946, provides: “Conclusively presumed dependent.”
Minnesota Valley Canning Co. v. Rehnblom, 49 N.W.2d 553 (Iowa 1951).
· cites it 4× “17, 1946 Code) before him the deputy industrial commissioner found that the mother, Mabel Nancy Rehnblom, was fifty per cent dependent upon the deceased employee for her support, but by reason of the provisions of section 85.42 of the 1946 Code he awarded all death benefits for…”
Murphy v. Franklin Cnty., 145 N.W.2d 465 (Iowa 1966).
· cites it 4× “Section 85.42, Code, 1966, deals with conclusively *706 presumed dependents.”
Harvey v. Rocklin Mfg. Co., 24 N.W.2d 402 (Iowa 1946).
· cites it 4× “Section 85.42, Code of Iowa, 1946 (section 1402, Code of 1939) provides, in part: “The following shall be conclusively presumed to be wholly dependent upon the deceased employee: * * * “3.”
Blasdell v. Linnhaven, Inc. (Iowa Ct. App. 2022).
· cites it 20× “” Iowa Code § 85.42 (1)(a). The exception would only apply if Roger deserted Heather without fault by Heather.”
— Iowa Code § 85.42(1) — 2 cases
Rojas v. Pine Ridge Farms, L.L.C., 779 N.W.2d 223 (Iowa 2010).
“Iowa Code section 85.42 provides in relevant part: The following shall be conclusively presumed to be wholly dependent upon the deceased employee: 1.”
Blasdell v. Linnhaven, Inc. (Iowa Ct. App. 2022).
“” Iowa Code § 85.42 (1)(a). The exception would only apply if Roger deserted Heather without fault by Heather.”
— Iowa Code § 85.42(1)(a) — 3 cases
Blasdell v. Linnhaven, Inc. (Iowa Ct. App. 2022).
“” Iowa Code § 85.42 (1)(a). The exception would only apply if Roger deserted Heather without fault by Heather.”
— Iowa Code § 85.42(2) — 2 cases
Rojas v. Pine Ridge Farms, L.L.C., 779 N.W.2d 223 (Iowa 2010).
“Iowa Code section 85.42 provides in relevant part: The following shall be conclusively presumed to be wholly dependent upon the deceased employee: 1.”
Snook v. Herrmann, 161 N.W.2d 185 (Iowa 1968).
“Appellants assert the trial court erred in holding (1) a natural child of a deceased employee, adopted by and living with adoptive parents prior to death of the natural parent, was conclusively presumed to be wholly dependent on the deceased employee under Code section 85.42 and…”
— Iowa Code § 85.42(3) — 2 cases
Day v. Town Club, 45 N.W.2d 222 (Iowa 1950).
“Liability is admitted, and the issue presented is who are the beneficiaries under section 85.42, Code, 1946. Section 85.42, Code, 1946, provides: “Conclusively presumed dependent.”
Murphy v. Franklin Cnty., 145 N.W.2d 465 (Iowa 1966).
“Section 85.42, Code, 1966, deals with conclusively *706 presumed dependents.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.