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. Not dependent
• C. Partially dependent
• D. Conditionally dependent

Answer: (A)

When a child is under 18, or is incapacitated from earning regardless of age, the law automatically treats them as wholly dependent on the deceased employee for support. This is a conclusive presumption, meaning there’s no need to prove dependency in each case—the status is fixed by the rule because the child cannot support themselves. This protective presumption ensures that vulnerable dependents receive the support, without getting tangled in ongoing proofs of dependency.

So the correct concept is that the dependency is conclusively presumed, to be wholly dependent on the deceased employee. The other notions—not dependent, partially dependent, or conditionally dependent—would require varying degrees of proof or conditions, which don’t apply here given the incapacity or minor status.