Legal Opinion

Allen v. Paula Insurance

Court of Appeals of Oregon

Decided June 19, 2002No. 99-00865; A112904Published

1Opinion of the CourtLandau, 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 adopted the boy the following year. Smith did not.

In 1998, Smith died as a result of injuries sustained in an employment-related accident. Claimant filed a claim for survivor’s benefits.…

2Cases cited4 opinions

  1. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  2. Monaco v. United States Fidelity and Guaranty Co.Oregon Supreme Court · 1976
  3. Thomas v. State Accident Insurance FundCourt of Appeals of Oregon · 1972
  4. Kempf v. State Accident Insurance FundCourt of Appeals of Oregon · 1978

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