Iowa Code » Chapter 85 — WORKERS’ COMPENSATION
Iowa Code

Iowa Code § 85.44 (2026)

Payment to actual dependents

✓ current as of July 2026
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In all other cases, a dependent shall be one actually dependent or mentally or physically incapacitated from earning. Such status shall be determined in accordance with the facts as of the date of the injury. In such cases if there is more than one person, the compensation benefit shall be equally divided among them. If there is no one wholly dependent and more than one person partially dependent, the compensation benefit shall be divided among them in the proportion each dependency bears to their aggregate dependency. [S13, §2477-m16; C24, 27, 31, 35, 39, §1404; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.44] Referred to in §85.31

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Notes of Decisions
Cited in 5 cases, 1933–2010 · leading case: Rojas v. Pine Ridge Farms, L.L.C., 779 N.W.2d 223 (Iowa 2010).
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Rojas v. Pine Ridge Farms, L.L.C., 779 N.W.2d 223 (Iowa 2010). · cites it 21× “The decision found Yolanda was an actual dependent under Iowa Code section 85.44 and the children were presumed dependents.”
Iowa Erosion Control, Inc. v. Sanchez, 599 N.W.2d 711 (Iowa 1999). · cites it 20× “Iowa Code § 85.44 . A plain reading of section 85.”
Lawson v. Fordyce, 21 N.W.2d 69 (Iowa 1945). · cites it 2× “Co also has the Wisconsin statute (section 85.44(6), St. 1927 [1945]). The Minnesota statute L.”
Lindloff v. Duecker, 251 N.W. 698 (Iowa 1933). · cites it 2× “It is generally recognized, however, that it is safer to walk on the left side of the pavement, so as to face the traffic from the opposite direction. This is indicated by legislation already adopted in several states, requiring pedestrians to walk on the left edge of the paving.”
Murphy v. Franklin Cnty., 145 N.W.2d 465 (Iowa 1966). · cites it 2× “The Industrial Commissioner correctly held that it is now necessary for the parents to prove total or partial dependency under section 85.44 which reads: “Payment to Actual Dependents.”
— Iowa Code § 85.44(6) — 1 case
Lawson v. Fordyce, 21 N.W.2d 69 (Iowa 1945). “Co also has the Wisconsin statute (section 85.44(6), St. 1927 [1945]). The Minnesota statute L.”
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