In all other cases, a dependent shall be one actually dependent or mentally or physically incapacitated from earning. Such status shall be determined in accordance with the facts as of the date of the injury. In such cases if there is more than one person, the compensation benefit shall be equally divided among them. If there is no one wholly dependent and more than one person partially dependent, the compensation benefit shall be divided among them in the proportion each dependency bears to their aggregate dependency.
[S13, § 2477-m16; C24, 27, 31, 35, 39, § 1404; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 85.44]
Referred to in § 85.31
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