Added compensation for dependents; payment; presumed dependents; dependency determined by facts
Section 35A. Where the injured employee has persons conclusively presumed to be dependent upon him or in fact so dependent, the sum of six dollars shall be added to the weekly compensation payable under sections thirty-four, thirty-four A and thirty-five, for each person wholly dependent on the employee, but in no case shall the aggregate of such amounts exceed the average weekly wages of the employee. No weekly payment to the employee under this section shall allow the employee to receive an amount in excess of one hundred and fifty dollars per week when combined with the compensation due under sections thirty-four, thirty-five and thirty-four A. For the purposes of this section the following persons shall be conclusively presumed to be wholly dependent for support upon an employee:
(a) A wife upon a husband with whom she lives at the time of his injury.
(b) A husband upon a wife with whom he is living at the time of her injury.
(c) Children under the age of eighteen years, or over said age but physically or mentally incapacitated from earning, if living with the employee at the time of his injury, or, if the employee is bound or ordered by law, decree or order of court, or by any other lawful requirement, to support such children, although living apart from them, or over said age and a full-time student qualified for exemption as a dependent under section one hundred and fifty-one (e) of the Internal Revenue Code. Children within the meaning of this paragraph, shall also include any children of the injured employee conceived but not born at the time of the employee’s injury, and the compensation herein provided for shall be payable on account of any such children from the date of their birth.
(d) A parent upon an unmarried child under the age of eighteen. In all other cases questions of dependency shall be determined in accordance with the fact as the fact may be at the time of the injury.
An administrative judge or the reviewing board may in his or its discretion order the insurer or self-insurer to make payment of the six dollars aforesaid directly to the dependent.