The following persons shall be conclusively presumed to be dependent for support upon a deceased employee: (1) A wife upon a husband with whom she is living or upon whom she is actually dependent at the time of his injury or death; (2) a husband upon a wife with whom he is living or upon whom he is actually dependent at the time of her injury or death; and (3) a child or children under the age of nineteen years, or over such age, if physically or mentally incapable of self-support, or any child nineteen years of age or over who is actually dependent, or any child between nineteen and twenty-five years of age who is enrolled as a full-time student in any accredited educational institution.
The term child shall include a posthumous child, a child legally adopted or for whom adoption proceedings are pending at the time of death, an actually dependent child in relation to whom the deceased employee stood in the place of a parent for at least one year prior to the time of death, an actually dependent stepchild, or a child born out of wedlock. Child shall not include a married child unless receiving substantially entire support from the employee. Grandchild shall mean a child, as above defined, of a child, as above defined, except that as to the latter child, the limitations as to age in the above definition do not apply.
Brother or sister shall mean a brother or sister under nineteen years of age, or nineteen years of age or over and physically or mentally incapable of self-support, or nineteen years of age or over and actually dependent. The terms brother and sister shall include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption but shall not include married brothers or married sisters unless receiving substantially entire support from the employee.
Parent shall mean a mother or father, a stepparent, a parent by adoption, a parent-in-law, and any person who for more than one year immediately prior to the death of the employee stood in the place of a parent to him or her, if actually dependent in each case.
Actually dependent shall mean dependent in fact upon the employee and shall refer only to a person who received more than half of his or her support from the employee and whose dependency is not the result of failure to make reasonable efforts to secure suitable employment. When used as a noun, the word dependent shall mean any person entitled to death benefits. No person shall be considered a dependent, unless he or she be a member of the family of the deceased employee, or bears to him or her the relation of widow, widower, lineal descendant, ancestor, brother, or sister. Questions as to who constitute dependents and the extent of their dependency shall initially be determined as of the date of the accident to the employee, and the death benefit shall be directly recoverable by and payable to the dependent or dependents entitled thereto or their legal guardians or trustees. No dependent of any injured employee shall be deemed, during the life of such employee, a party in interest to any proceeding by him or her for the enforcement or collection of any claim for compensation, nor as respects the compromise thereof by such employee.
Notes of Decisions
Cited in
17
cases, 1931–2019 · leading case:
State v. Soto, 659 N.W.2d 1 (Neb. Ct. App. 2003).
State v. Soto, 659 N.W.2d 1 (Neb. Ct. App. 2003).
· cites it 10× “With regard to the determination that the stepchildren were dependent, the review panel noted that Neb. Rev. Stat. § 48-124 (Cum. Supp. 2002) distinguishes between a natural child, conclusively presumed dependent, and a stepchild under age 18 who must demonstrate “actual…”
Copple v. Bowlin, 110 N.W.2d 117 (Neb. 1961).
· cites it 8× “Dependents entitled to such benefits are fixed by section 48-124, R. R. S. 1943. The latter section provides in part as follows: “The following persons shall be conclusively presumed to be wholly dependent for support upon a deceased employee: (1) A wife upon a husband with whom…”
Citizens for Equal Prot., Inc. v. Bruning, 368 F. Supp. 2d 980 (D. Neb. 2005).
· cites it 2× “, See, e.g., 42 U.S.C. § 416 (e)(2) (dependent children, including stepchildren, entitled to income benefits upon death, retirement or disability of a parent); Neb.”
Meyer v. Nielsen Chevrolet Co., 287 N.W. 849 (Neb. 1939).
· cites it 2× “Section 48-124, Comp. St. 1929, provides: “The following persons shall be conclusively presumed to be wholly dependent for support upon a deceased employee: (a).”
James v. Rainchieff Constr. Co., 251 N.W.2d 367 (Neb. 1977).
· cites it 3× “We have also held that: "Where a deceased father, pursuant to court order, contributed $30 per month to the support of a child residing with a former wife, and the evidence shows that such amount only partially supported the child, such child is a partial dependent under section…”
Palmer v. Hamer, 275 N.W. 322 (Neb. 1937).
· cites it 2× “Section 48-124, Comp. St. 1929, provides: “The following persons shall be conclusively presumed to be wholly dependent for support upon a deceased employee: * * * (c) Child or children under the age of eighteen years * * * upon the parent with whom he is or they are living at…”
Findaya W. ex rel. Theresa W. v. A-T.E.A.M. Co., 546 N.W.2d 61 (Neb. 1996).
· cites it 17× “*840 In the Workers’ Compensation Court, the minors challenged the constitutionality of a provision in Neb. Rev. Stat. § 48-124 (Reissue 1993) which conclusively presumes that minor children born in wedlock are dependent upon the deceased employee parent but requires children…”
Lighthill v. McCurry, 122 N.W.2d 468 (Neb. 1963).
· cites it 2× “They fall within the class contemplated by the following which is part of section 48-124, R. R. S. 1943: “In all other cases, questions of dependency, in whole or in part, shall be determined in accordance with the fact, as the fact may be at the time of the injury * * *.”
Kral v. Lincoln Steel Works, 284 N.W. 761 (Neb. 1939).
· cites it 4× “Section 48-124, Comp. St. 1929, after providing for total dependency, in subdivision (e) provides in part: “In all other cases, questions of dependency, in whole of (or) in part, shall be determined in accordance with the fact, as the fact may be at the time of the injury; * * *…”
Coughlin v. Cnty. of Colfax, 27 Neb. Ct. App. 41 (Neb. Ct. App. 2019).
“] § 48-124(3). 5. The parties stipulate that the average weekly wage of Daniel Coughlin at the time of the accident and his death was $810.”
Aeschleman v. Haschenburger Co., 254 N.W. 899 (Neb. 1934).
· cites it 2× “Section 48-124, Comp. St. 1929, provides: “If the compensation payable under said sections to any person shall for any cause cease, the compensation to the remaining persons entitled thereunder shall thereafter be the same as would have been payable to them had they been the…”
Pieters v. Drake-Williams-Mount Co., 6 N.W.2d 69 (Neb. 1942).
· cites it 2× “Upon this record a judge of the compensation court and the district court held that the father’s death came from causes which arose out of and in the course of his employment, that the deceased contributed 50 per cent, of his wages to the plaintiff for the support and…”
— Neb. Rev. Stat. § 48-124(3) — 3 cases
Findaya W. ex rel. Theresa W. v. A-T.E.A.M. Co., 546 N.W.2d 61 (Neb. 1996).
“*840 In the Workers’ Compensation Court, the minors challenged the constitutionality of a provision in Neb. Rev. Stat. § 48-124 (Reissue 1993) which conclusively presumes that minor children born in wedlock are dependent upon the deceased employee parent but requires children…”
Coughlin v. Cnty. of Colfax, 27 Neb. Ct. App. 41 (Neb. Ct. App. 2019).
“] § 48-124(3). 5. The parties stipulate that the average weekly wage of Daniel Coughlin at the time of the accident and his death was $810.”
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