Legal Opinion

Kempf v. State Accident Insurance Fund

Court of Appeals of Oregon

Decided June 20, 1978No. WCB 76-4352, CA 9659PublishedCited by 5 opinions

1Opinion of the CourtSchwab, C. J.

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 are living as a result of that relation, the woman and the children are entitled to compensation under ORS 656.001 to 656.794 the same as if the man and woman had…

2Cases cited3 opinions

  1. Village of Belle Terre v. BoraasSupreme Court of the United States · 1974
  2. Beal v. BealOregon Supreme Court · 1978
  3. Clackamas County v. AgueCourt of Appeals of Oregon · 1976

3Cited by5 opinions

  1. Hewitt v. State Accident Insurance Fund Corp.Oregon Supreme Court · 1982
  2. Hewitt v. State Accident Insurance Fund Corp.Court of Appeals of Oregon · 1981
  3. Johnston v. Georgia-Pacific Corp.Court of Appeals of Oregon · 1978
  4. Allen v. Paula InsuranceCourt of Appeals of Oregon · 2002
  5. Hewitt v. State Accident Insurance Fund Corp.Oregon Supreme Court · 1982

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