A child under the age of 18 years old, or a child of any age found by any trier of fact to be physically or mentally incapacitated from earning shall be _______ _______ to be wholly dependent for support upon a deceased EE.

A child under the age of 18 years old, or a child of any age found by any trier of fact to be physically or mentally incapacitated from earning shall be _______ _______ to be wholly dependent for support upon a deceased EE.

• A. Conclusively presumed
• B. Presumed
• C. Dependent
• D. Not presumed

Answer: (A)

Conclusive presumption applies here. When a child under 18, or any age if they are physically or mentally incapacitated from earning, is determined to be wholly dependent for support on the deceased employee, the law treats that dependency as established beyond dispute. It’s an irrebuttable rule, meaning evidence cannot overturn the finding of complete dependence for purposes of death benefits. That makes this group automatically entitled to be considered wholly dependent. A general presumption could be rebutted, and simply labeling someone as dependent doesn’t capture the irrebuttable nature, while not presuming would ignore the protective rule.

Conclusive presumption applies here. When a child under 18, or any age if they are physically or mentally incapacitated from earning, is determined to be wholly dependent for support on the deceased employee, the law treats that dependency as established beyond dispute. It’s an irrebuttable rule, meaning evidence cannot overturn the finding of complete dependence for purposes of death benefits. That makes this group automatically entitled to be considered wholly dependent. A general presumption could be rebutted, and simply labeling someone as dependent doesn’t capture the irrebuttable nature, while not presuming would ignore the protective rule.