Workers’ Compensation

ORS 656.226
Cohabitants and children entitled to compensation

In case two unmarried individuals have cohabited in this state as spouses who are married to each other for over one year prior to the date of an accidental injury received by one or the other as a subject worker, and children are living as a result of that relation, the surviving cohabitant and the children are entitled to compensation under this chapter the same as if the individuals had been legally married. [Amended by 1983 c.816 §4; 2015 c.629 §55]

Notes of Decisions

Where claimant had previously released her child for adoption, she had, within the contemplation of this section, no living children. Thomas v. SAIF, 8 Or App 414, 495 P2d 46 (1972)

Requirement of one-year resident cohabitation and requirement of having minor children must both be met to qualify. Kempf v. SAIF, 34 Or App 877, 580 P2d 1032 (1978), Sup Ct review denied

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’s benefits. Amos v. SAIF, 72 Or App 145, 694 P2d 998 (1985)

Woman who had cohabited with worker but was not cohabiting at time of worker’s fatal injury did not qualify for benefits on his death, because this section requires that period of cohabitation include time of accidental injury. Amos v. SAIF, 72 Or App 145, 694 P2d 998 (1985)

Nature of relationship and not number of days spent in same location determines whether cohabitation exists. Bowlin v. SAIF, 81 Or App 527, 726 P2d 1186 (1986)

Cohabitation relationship must exist at time of worker’s death. Cottrell v. EBI Companies, 304 Or 187, 743 P2d 716 (1987)

Temporary living apart or occasional trip away does not destroy cohabitation relationship. Cottrell v. EBI Companies, 304 Or 187, 743 P2d 716 (1987)

“Children” means children under age 18 or dependent children with disabilities. Cato v. Alcoa-Reynolds Metals Co., 210 Or App 721, 152 P3d 981 (2007), Sup Ct review denied

Law Review Citations

68 OLR 252 (1989)


Last accessed
May 26, 2023