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LUCAS v. STATE IND. ACC. COM.

222 Or. 420 (1960)

353 P.2d 223

LUCAS v. STATE INDUSTRIAL ACCIDENT COMMISSION

Supreme Court of Oregon.

Affirmed June 15, 1960.

Attorney(s) appearing for the Case

Lawrence Osterman and C.S. Emmons argued the cause for appellant. On the briefs were Osterman & Williams, Salem, and Willis, Kyle & Emmons, Albany.

Earl M. Preston, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, and Ray H. Lafky and Thos. C. Enright, Asst. Atty. Gens., all of Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

AFFIRMED.

O'CONNELL, J.

The plaintiff sustained an injury by accident which would have entitled him to recover under the Workmen's Compensation Law but for the fact that he was a relative-employee and no notice of this fact had been given to the defendant commission as required by ORS 656.130.1

ORS 656.130 provides in part as follows:

"656.130 Relatives of employer as workmen. (1) No person who is a child...

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