2017 ORS 656.226¹
Cohabitants and children entitled to compensation

In case two unmarried individuals have cohabited in this state as spouses who are married to each other 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 entitled to compensation under this chapter the same as if the individuals had been legally married. [Amended by 1983 c.816 §4; 2015 c.629 §55]

Notes of Decisions

Where claimant had pre­vi­ously released her child for adop­tion, she had, within the contempla­tion of this sec­tion, no living children. Thomas v. SAIF, 8 Or App 414, 495 P2d 46 (1972)

Require­ment of one-year resident cohabita­tion and require­ment of having mi­nor children must both be met to qualify. Kempf v. SAIF, 34 Or App 877, 580 P2d 1032 (1978), Sup Ct review denied

Although child’s paternity has not been es­tab­lished under ORS chapter 109, Workers’ Compensa­tion Board may determine child’s paternity for purpose of determining mother’s benefits. Amos v. SAIF, 72 Or App 145, 694 P2d 998 (1985)

Woman who had cohabited with worker but was not cohabiting at time of worker’s fatal injury did not qualify for benefits on his death, because this sec­tion requires that period of cohabita­tion include time of accidental injury. Amos v. SAIF, 72 Or App 145, 694 P2d 998 (1985)

Nature of rela­tionship and not number of days spent in same loca­tion determines whether cohabita­tion exists. Bowlin v. SAIF, 81 Or App 527, 726 P2d 1186 (1986)

Cohabita­tion rela­tionship must exist at time of worker’s death. Cottrell v. EBI Companies, 304 Or 187, 743 P2d 716 (1987)

Temporary living apart or occasional trip away does not destroy cohabita­tion rela­tionship. Cottrell v. EBI Companies, 304 Or 187, 743 P2d 716 (1987)

“Children” means children under age 18 or dependent children with disabilities. Cato v. Alcoa-Reynolds Metals Co., 210 Or App 721, 152 P3d 981 (2007), Sup Ct review denied

Law Review Cita­tions

68 OLR 252 (1989)

Law Review Cita­tions

55 OLR 432-445 (1976); 16 WLR 519 (1979); 22 WLR 559 (1986)

Chapter 656

Notes of Decisions

Party having af­firm­a­tive of any issue must prove it by preponderance of evidence unless legislature fixes some different quantum of proof. Hutcheson v. Weyerhaeuser Co., 288 Or 51, 602 P2d 268 (1979)

Amend­ments to existing statutes and enact­ment of addi­tional statutes by 1995 legisla­tion generally apply to pending cases and to orders still ap­pealable on June 7, 1995, effective date. Volk v. America West Air­lines, 135 Or App 565, 899 P2d 746 (1995), Sup Ct review denied

Amend­ments to existing statutes and enact­ment of addi­tional statutes by 1995 legisla­tion do not extend or shorten procedural time limita­tions with regard to ac­tions taken prior to June 7, 1995, effective date. Motel 6 v. McMasters, 135 Or App 583, 899 P2d 1212 (1995)

Atty. Gen. Opinions

Benefit unavailability for inmates engaged in prison work programs, (1996) Vol 48, p 134

Law Review Cita­tions

24 WLR 321, 341 (1988); 32 WLR 217 (1996)

1 Legislative Counsel Committee, CHAPTER 656—Workers’ Compensation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors656.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 656, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano656.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.