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ALLEN v. PAULA INSURANCE

99-00865; A112904.

48 P.3d 858 (2002)

182 Or.App. 259

In the Matter of the Compensation of Vernon T. Smith, Deceased. Willa ALLEN, Petitioner, v. PAULA INSURANCE and Portable Rock Production Co., Inc., Respondents.

Court of Appeals of Oregon.

Decided June 19, 2002.

Attorney(s) appearing for the Case

Robert D. Carlson, Albany, argued the cause for petitioner. With him on the brief was Kryger, Alexander, Egan & Elmer, P.C.

David P. Levine, Portland, argued the cause for respondents. On the brief were Richard D. Barber, Jr., and Sheridan, Bronstein & Levine.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

LANDAU, P.J.

Claimant seeks judicial review of a final order of the Workers' Compensation Board (board) upholding employer's denial of survivor's benefits. We affirm.

The relevant facts are not in dispute. Claimant and Vernon Smith lived together for approximately 15 years. They were never married to each other. In 1986, the six-year-old son of claimant's second cousin began living with claimant and Smith. Claimant

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