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COTTRELL v. EBI COMPANIES

WCB 84-12966; CA A38940; SC S33933.

743 P.2d 716 (1987)

304 Or. 187

In the matter of the Compensation of Nibby J. Seabeck, Deceased, Claimant. Marilyn COTTRELL, Petitioner On Review, v. EBI COMPANIES and Certified Welding, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided October 6, 1987.

Attorney(s) appearing for the Case

Michael M. Bruce, Eugene, argued the cause and filed the petition on behalf of the petitioner on review.

Jerald P. Keene, Portland, argued the cause on behalf of the respondent on review. With him on the response was Roberts, Reinisch & Klor, P.C., Portland.

GILLETTE, Justice.

The issue in this workers' compensation case is whether claimant is entitled to survivor's benefits under ORS 656.226, which 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 one or the other as a subject worker, and children are living as a result of that relation, the surviving cohabitant and the children are...

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