AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• An undocumented worker, employed as a painter's helper, was injured after falling off a ladder, resulting in temporary total disability and requiring multiple surgeries. Upon reaching maximum medical improvement, the worker was assigned a 3 percent permanent base impairment rating and had permanent work restrictions. The employer offered the worker a chance to return to work with modified duty, which required verification of eligibility for employment. The worker attempted to return but was unable to complete the verification process due to lack of a social security card and did not return to work thereafter. The worker later found employment elsewhere, earning a wage in excess of his pre-injury wage (paras 2-7).

Procedural History

• Workers’ Compensation Judge: Worker was entitled to partial disability benefits until June 20, 2008, after which only the 3 percent permanent impairment rating applied due to the worker's inability to accept a bona fide return-to-work offer because of his immigration status (para 8).
• Court of Appeals: Affirmed the Workers’ Compensation Judge's decision but for different reasons, holding that undocumented workers are categorically ineligible for modifier benefits because under federal law they are ineligible to work (para 20).

Parties' Submissions

• Worker-Petitioner: Argued that the employer's inability to accommodate his injury-related work restrictions and a slowdown in work availability led to his cessation of work. Contended that the employer's offer to return to work was not bona fide as it required verification of eligibility for employment, which was not previously requested (paras 4-6).
• Employer-Insurer-Respondents: Argued that the worker's failure to prove eligibility for work on June 20, 2008, constituted an unreasonable refusal to return to work, thereby limiting the worker's benefits to the base impairment rating without any modifier benefits (para 8).

Legal Issues

• Whether an employer's inability to demonstrate good faith compliance with federal law in the hiring process can use a worker's undocumented status as a defense to continued payment of modifier benefits under the Workers’ Compensation Act (para 1).
• Whether a worker's status as an undocumented immigrant prevents him from receiving permanent partial disability modifier benefits (para 10).

Disposition

• The Supreme Court of New Mexico reversed the Court of Appeals' decision, holding that employers who cannot demonstrate good faith compliance with federal law in the hiring process cannot use their workers’ undocumented status as a defense to continued payment of modifier benefits under the Workers’ Compensation Act (para 1).

Reasons

• Per RICHARD C. BOSSON, Justice, with concurrence from PETRA JIMENEZ MAES, Chief Justice, BARBARA J. VIGIL, Justice, EDWARD L. CHÁVEZ, Justice (specially concurring), and CHARLES W. DANIELS, Justice (specially concurring):
  The Court reasoned that the Workers’ Compensation Act encourages all workers to return to work when medically feasible, but federal law may prevent employers from rehiring undocumented workers once their status is known. The Court found that the employer did not follow proper hiring procedures as required by federal law, and thus, any return-to-work offer made was illusory. Therefore, the worker was entitled to modifier benefits. The Court also clarified that modifier benefits cease once a worker returns to work at a wage equal to or greater than the pre-injury wage, regardless of the employer (paras 9-41).