KRS 342.075: Determination of dependency.

(1) The following persons shall be presumed to be wholly dependent upon a deceased

employee:

(a) A surviving spouse upon a decedent whom the surviving spouse had not

voluntarily abandoned at the time of the accident, or who having been

abandoned by the deceden t has not engaged in such conduct since his

abandonment as would at common law constitute grounds justifying the

abandonment of such wife by her husband or such husband by his wife;

(b) A child or children under the age of sixteen (16) years, or over sixte en (16)

years if incapacitated from wage earning, upon the parent with whom such

child or children are living, or by whom actually supported, or from whom

support is legally required by judgment of a court, at the time of the accident.

(2) In all other cases the relation of dependency in whole or in part shall be determined

in accordance with the facts of each case existing at the time of the accident.

(3) No person shall be considered a dependent in any degree unless he is living in the

household of the em ployee at the time of the accident, or unless such person bears

to the employee the relation of father, mother, husband, or wife, father -in-law or

mother-in-law, grandfather or grandmother, child or grandchild, or brother or sister

of the whole or half blood and is actually dependent.