As used in the Workers' Compensation Act, 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 Comp., § 59-10-12.11, enacted by Laws 1965, ch. 295, § 11; 1989, ch. 263, § 14.
ANNOTATIONSCross references. — For meaning of dependents, see 52-1-17 NMSA 1978.
Amount of compensation for child. — A child was not entitled to compensation in an amount equal to 25% of the earnings of the deceased where the deceased left a widow, no specific amount being provided as compensation to the child under such circumstances, and where deceased employee was survived by widow and child under 18 years by a prior marriage, compensation for both was limited to 45% of the workman's (worker's) wages not to exceed $18.00 per week. Wilson v. Rowan Drilling Co., 1950-NMSC-046, 55 N.M. 81, 227 P.2d 365 (decided under former law).
Allowance for unborn child. — Allowance was to be made in compensation proceeding for a child en ventre su mere for the period from the employee's death and child's birth, with proviso that compensation could be reduced if the child should be born dead or should die. Neeley v. Union Potash & Chem. Co., 1943-NMSC-010, 47 N.M. 100, 137 P.2d 312 (decided under former law).
Treatment of adopted children. — Former statute indicated a legislative thought that an adopted child should be treated "in all respects" as a natural child in applying the Workmen's (Workers') Compensation Act. Hahn v. Sorgen, 1946-NMSC-015, 50 N.M. 83, 171 P.2d 308 (decided under former law).
Stepchildren and natural children treated equally. — For purposes of awarding survivor's benefits, dependent minor stepchildren, whether adopted or not, and natural children are treated equally, and each is entitled to share alike. Schall v. Schall, 1982-NMCA-045, 97 N.M. 665, 642 P.2d 1124.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 82 Am. Jur. 2d Workers' Compensation §§ 190, 200, 207, 373, 682.
99 C.J.S. Workmen's Compensation §§ 112 to 114, 146, 147; 100 C.J.S. Workmen's Compensation § 552.