Cottrell v. EBI Companies

Claimant filed a claim for death benefits under ORS 656.226, alleging that she is entitled to benefits because she is a surviving cohabitant. She seeks review of the Workers’ Compensation Board’s affirmance and adoption of the referee’s order denying her claim.

Claimant and decedent had cohabited for approximately three years before the job-related accident that caused decedent’s death, and they had a child together. A month before the accident, decedent moved out of claimant’s home into an apartment 15 to 20 minutes away. He returned to visit four or five times, and claimant visited him at…