Thomas v. Industrial Commission of Arizona

*245PHELPS, Justice

(specially concurring).

I concur in the foregoing decision for the reason that no other conclusion is possible under the present law; however, I protest the injustice thereof. There is urgent need for a revision of A.R.S. §§ 23-1046 and 23-1064, of the Workmen’s Compensation Act, to enable a natural child abandoned by his father to recover “death benefits” upon the demise of the father regardless of whether he had contributed anything to the child’s support since said abandonment. The statutory requirement that the child must be living with such parent at the time of the fatal injury should not be necessary to create a conclusive presumption of dependency.