Oregon: Employer’s Knowledge of Worker’s Concurrent Employment Not Imputed to Insurer for Purposes of “Extra” Benefits Award

In Oregon, if an injured worker has more than one employer, he or she may be entitled to supplemental temporary disability benefits from the Workers’ Benefit Fund, in addition to the disability benefits the worker receives from the employer’s insurer. Or. Rev. Stat. § 656.210(2)(b)(A) provides that in order to qualify for the extra benefits, however, the injured worker must show that the insurer received, within 30 days of receipt of an initial claim, “notice that the worker was employed in more than one job” at the time of injury. The Supreme Court of Oregon held that the statute requires actual notice to the insurer; the employer’s preexisting knowledge of that employment may not be imputed to the insurer to satisfy the notice requirement.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Department of Consumer & Bus. Servs. v. Muliro, 359 Ore. 736 (June 16, 2016)

See generally Larson’s Workers’ Compensation Law, § 93.03.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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