Legislation
SECTION 121-A
Proof of dependency in foreign countries
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 7
§ 121-a. Proof of dependency in foreign countries. In cases involving
the dependency of noncitizens residing in foreign countries, transcripts
of birth or marriage certificates, also documents and affidavits,
certified by a local official or local magistrate and authenticated as
to such official or magistrate by the secretary of state or other
official having charge of foreign affairs, or a United States consul, in
said foreign country, may be received in evidence, but in all such cases
proof of present existence and of dependency may be made by the personal
appearance of each and all persons claiming relationship to or
dependence upon a deceased worker under the provisions of sections
sixteen and seventeen of this chapter, before a diplomatic or consular
officer of the United States, and statements made to or evidence
presented before such diplomatic or consular officer under oath may be
received in evidence in whole or in part by the board upon any such
claim. Questions regarding admissibility and adequacy of evidence
arising in connection with proceedings before the consul shall be
determined by the board. The board may by rule prescribe the conditions
under which proofs other than personal appearance before a diplomatic or
consular officer of the United States may be accepted as proof of the
facts of existence, relationship and dependency.
the dependency of noncitizens residing in foreign countries, transcripts
of birth or marriage certificates, also documents and affidavits,
certified by a local official or local magistrate and authenticated as
to such official or magistrate by the secretary of state or other
official having charge of foreign affairs, or a United States consul, in
said foreign country, may be received in evidence, but in all such cases
proof of present existence and of dependency may be made by the personal
appearance of each and all persons claiming relationship to or
dependence upon a deceased worker under the provisions of sections
sixteen and seventeen of this chapter, before a diplomatic or consular
officer of the United States, and statements made to or evidence
presented before such diplomatic or consular officer under oath may be
received in evidence in whole or in part by the board upon any such
claim. Questions regarding admissibility and adequacy of evidence
arising in connection with proceedings before the consul shall be
determined by the board. The board may by rule prescribe the conditions
under which proofs other than personal appearance before a diplomatic or
consular officer of the United States may be accepted as proof of the
facts of existence, relationship and dependency.