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CATO v. ALCOA-REYNOLDS METALS CO.

01-04796; A125705.

152 P.3d 981 (2007)

210 Or. App. 721

In the Matter of the Compensation of Willard E. Sworden, deceased, Claimant. Linda CATO, beneficiary of Willard E. Sworden, Petitioner, v. ALCOA-REYNOLDS METALS CO., Respondent. In the Matter of the Compensation of Willard E. Sworden, deceased, Claimant. Scott Sworden, Personal Representative of the Estate of Willard E. Sworden, deceased, Petitioner, v. Alcoa-Reynolds Metals Co., Respondent.

Court of Appeals of Oregon.

Decided February 7, 2007.

Attorney(s) appearing for the Case

Christopher D. Moore, Eugene, argued the cause for petitioner Linda Cato. On the briefs was Evohl F. Malagon.

Peter O. Hansen, Portland, argued the cause for petitioner Scott Sworden. On the opening brief were the Law Offices of Peter O. Hansen and Christine C. Frost. With him on the reply brief was the Law Offices of Peter O. Hansen.

B.R. Scheminske argued the cause for respondent. On the opening brief were Scheminske & Lyons, LLP and Richard D. Barber, Jr.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and LINDER, Judge pro tempore.

LINDER, J. pro tempore.

Petitioners seek judicial review of a Workers' Compensation Board decision involving the accepted claim of a deceased worker, Willard Sworden. Petitioner Linda Cato, who cohabited with but was not married to Sworden, asserts that she is entitled to statutory survivor benefits. Petitioner Scott Sworden, in his capacity as the personal representative of Willard Sworden's estate, seeks to challenge employer's acceptance of the claim. The board...

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