As used in the Workers’ Compensation Act [52-1-1 NMSA 1978], unless the context otherwise requires, “child” includes stepchildren, adopted children, posthumous children and acknowledged illegitimate children but does not include married children unless dependent. The words “adopted” or “adoption” as used in the Workers’ Compensation Act shall include cases where persons are treated as adopted as well as those of legal adoption.
HISTORY:
1953 59-10-12.11, enacted by Laws 1965, ch. 295, § 11; 1989, ch. 263, § 14.
Notes to Decisions
Construction.
When a death occurs for which compensation is recoverable, dependency as defined in the Workmen’s Compensation Act, former 1929 Code, § 156-101 et seq., and not heirship, furnished the sole test of a claimant’s right to recover insofar as governed by status. Under former 1929 Code, § 156-112, subparagraphs (j) and (k), heirship without defined dependency would not authorize compensation, whereas dependency without heirship in certain instances would do so. Rumley v. Middle Rio Grande Conservancy Dist., 1936-NMSC-023, 40 N.M. 183, 57 P.2d 283, 1936 N.M. LEXIS 25 (N.M. 1936).