Tevepaugh v. SAIF Corp.

Petitioner, the surviving spouse of an injured worker, seeks judicial review of an order of the Workers’ Compensation Board that she is not entitled to survivor’s benefits because, at the time of decedent’s injury, he was married to another woman. The dispositive issue is whether ORS 656.208 denies petitioner equality of privileges in violation of Article I, section 20, of the Oregon Constitution1 or denies her Equal Protection of the Laws in violation of the Fourteenth Amendment to the United States Constitution.2 We affirm.

Decedent was injured in 1964. At that time he was married to Bertha…