Chap. 82.—An ACT to amend and re-enact Section 40, as amended, of Chapter 400,
Acts 1918, which became a law March 21, 1918, short title of which is “The Vir-
ginia Workmen’s Compensation Act”. [S 70]

Approved February 29, 1944

Be it enacted by the General Assembly of Virginia:

1. That section forty, as amended, of chapter four hundred, Acts of
Assembly of nineteen hundred eighteen, short title of which is “The Vir-
ginia Workmen’s Compensation Act”, which became a law March twenty-
one, nineteen hundred eighteen, be amended and re-enacted, as follows:

Section 40. The following persons shall be conclusively presumed
to be next of kin wholly dependent for support upon the deceased em-

loyee:
P (a) A wife upon a husband whom she had not voluntarily deserted
or abandoned at time of the accident.

(b) A husband upon a wife with whom he lived at the time of her
accident if he is then incapable of self-support and actually dependent
upon her.

(c) A boy under the age of eighteen, or a girl under the age of eigh-
teen, upon a parent. Ifa child is over the ages specified above, but phy-
sically or mentally incapacitated from earning a livelihood, he or she shall
be presumed to be totally dependent.

(d) Parents in destitute circumstances, provided there be no total
dependents pursuant to other provisions of this section.

As used in this section, the term “boy”, “girl”, or “child” shall in-
clude stepchild, legally adopted children, posthumous children, acknowl-
edged illegitimate children, but shall not include married children; the
term “parent” shall include step-parents and parents by adoption. In
all other cases questions of dependency in whole or in part shall be deter-
mined in accordance with the facts as the facts are at the time of the
accident: but no allowance shall be made for any payment made in lieu
of board and lodging or services, and no compensation shall be allowed,
unless the dependency existed for a period of three months or more prior
to the accident; if there is more than one person wholly dependent, the
death benefit shall be divided among them; and persons partly dependent,
if any, shall receive no part thereof; if there is no one wholly dependent
and more than one person partially dependent, the death benefit shall be
divided among them according to the relative extent of their dependency.
For the purpose of this act, the dependence of a widow or widower
of a deceased employee shall terminate with legal or common law remar-
riage, and the amount to be received by him or her shall be divided among
the children or other dependents in the proportion in which they are re-
ceiving compensation, and the dependence of a child, except a child
physically or mentally incapacitated from earning a livelihood, shall ter-
minate with the attainment of eighteen years of age, or upon earlier mar-

riage of a female child.
LT

ed