Notes of Decisions
“Remarriage” means valid and subsisting marriage. Peters v. Briggs & Sons, 10 Or App 310, 499 P2d 1361 (1972)
Notwithstanding that parties were never formally married, claimant whose common law marriage to decedent worker was valid under laws of Colorado was entitled to benefits as surviving spouse of decedent. Johnston v. Georgia-Pacific, 35 Or App 231, 581 P2d 108 (1978)
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 and child’s rights to benefits. Amos v. SAIF, 72 App 145, 694 P2d 998 (1985)
Claimant is not required to show that deceased worker provided more than 50 percent of claimant’s average monthly income in order to receive benefits as dependent. Gallegos v. Amalgamated Sugar Co., 81 Or App 68, 724 P2d 850 (1986)
Correction: The permanent edition incorrectly cites the case of State v. Schulman, 6 Or App 81, 485 P2d 1252 (1971), Sup Ct review denied, under this section. The case is correctly placed under ORS 435.405 to 435.495.
Attorney General Opinions
Benefit increase limitation under 1973 law, (1973) Vol 36, p 710