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MATTER OF LACEY

No. WCB 76-4352; CA 9659.

580 P.2d 1032 (1978)

34 Or.App. 877

In the matter of the Compensation of the Beneficiaries of Jay Dee Lacey, Deceased. Darlene L. Kempf, Claimant, Petitioner, v. STATE ACCIDENT INSURANCE FUND, Respondent.

Court of Appeals of Oregon, In Banc.

Decided June 20, 1978.

Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for petitioner. With him on the brief was Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

W. Daniel Bates, Jr., Eugene, argued the cause for respondent. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Accident Ins. Fund, Salem.

SCHWAB, Chief Judge.

According to claimant, "the only issue" in this workers' compensation case is the constitutionality of ORS 656.226. However, in view of the dissent, we consider the additional issue of the interpretation of ORS 656.226.

ORS 656.226 provides:

"In case an unmarried man and an unmarried woman have cohabited in this state as husband and wife for over one year prior to the date of an accidental injury received by such man, and children...

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