DCBS v. Muliro

Under ORS 656.210(2)(b)(A), to be eligible for supplemental temporary disability benefits, a claimant must prove that an employee's first employer and insurance company received actual notice of the claimant's secondary employment, and the notice requirement may not be imputed by preexisting knowledge.

Muliro appealed a decision of the Court of Appeals which reversed the Workers' Compensation Board's decision in her favor. Muliro was injured while working as a certified nursing assistant and filed a workers' compensation claim under the Workers’ Compensation Act. She worked for two other health employers at the time and only one of them knew of her other employment. The issue on appeal was whether actual notice regarding Claimant’s secondary employment had to be provided to the first employer or whether the preexisting knowledge regarding that employment was satisfactory for Claimant to receive supplemental temporary disability benefits. The Supreme Court rejected Murilo's assertions that preexisting knowledge of the employer was satisfactory. Because Murilo never communicated to her employer or insurer about her secondary employment within 30 days of submitting her claim nor did her employer receive actual notice, the Court upheld the Court of Appeals' decision. Affirmed.