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TEVEPAUGH v. SAIF

WCB No. 84-05351; CA A35839.

723 P.2d 377 (1986)

80 Or. App. 685

In the Matter of the Compensation of Marvin Tevepaugh, Deceased and Ruby Tevepaugh, Claimant. Ruby TEVEPAUGH, Petitioner, v. SAIF CORPORATION and Tangfeld Lumber Company, Respondent.

Court of Appeals of Oregon.

Decided August 13, 1986.

Reconsideration Denied September 19, 1986.

Review Denied October 28, 1986.

Attorney(s) appearing for the Case

David C. Force, Eugene, argued the cause and filed brief for petitioner.

Margaret E. Rabin, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on brief were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

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...

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