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In re Compensation of Muliro

Court of Appeals of Oregon

December 10, 2014

In the Matter of the Compensation of Rebecca M. Muliro, Claimant. DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, Workers' Compensation Division; and COMPRO, INC., Petitioners,
v.
REBECCA M. MULIRO; LIBERTY NORTHWEST INSURANCE CORPORATION; ADAMS & GRAY HOME CARE - MARQUIS HOME HEALTH; and ASSURED AT HOME, Respondents

Argued and Submitted September 9, 2014.

Workers' Compensation Board. 1103496, 1102720.

Greg Rios, Assistant Attorney General, argued the cause for petitioner Department of Consumer and Business Services. With him on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

R. Adian Martin argued the cause for respondent Rebecca M. Muliro. With him on the brief was Ransom, Gilbertson, Martin & Ratliff, LLP.

David O. Wilson filed the brief for respondents Liberty Northwest Insurance Corporation and Adams & Gray Home Care - Marquis Home Health.

No appearance for petitioner Compro, Inc.

No appearance for respondent Assured at Home.

Julie Masters filed brief amicus curiae for SAIF Corporation and Samaritan Health Services.

Before Sercombe, Presiding Judge, and Hadlock, Judge, and Tookey, Judge.

OPINION

Page 132

[267 Or.App. 528] TOOKEY, J.

The Workers' Compensation Division of the Department of Consumer and Business Services (DCBS) seeks judicial review of an order of the Workers' Compensation Board (the board) affirming an administrative law judge's (ALJ) order directing payment of supplemental disability to claimant. Specifically, DCBS challenges the board's conclusion that, although claimant failed to timely notify her employer's insurer that she had multiple employers, as required by ORS 656.210(2)(b)(A), the insurer had " imputed notice" of claimant's secondary employment, because claimant's employer was aware that she had other employers. We conclude that the board erred when it applied the principle of imputed notice to the circumstances in this case, contrary to the requirements set forth in ORS 656.210(2)(b)(A). Accordingly, we reverse and remand the board's order.

We begin with an overview of the statutory provisions that are relevant to this case. Under ORS 656.210, an injured worker can receive temporary total disability compensation in an amount based on the worker's wages.[1] If the worker has one job, the amount of compensation is based on the worker's weekly wage from that one job. ORS 656.210(2)(a)(A). Further, " [f]or workers employed in more than one job at the time of injury," the calculation factors in " all earnings the worker was receiving from all subject employment." ORS 656.210(2)(a)(B). Replacement of ...


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