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

• Worker was injured on April 13, 2007, after falling off a scaffold while working for Employer. A stipulated settlement resolved all issues except for Permanent Partial Disability (PPD) modifier benefits. Worker's undocumented status was central to the dispute over eligibility for these benefits (paras 2-3).

Procedural History

• Workers’ Compensation Judge, Gregory D. Griego: Granted summary judgment in favor of Employer, concluding Worker’s undocumented status meant he had “voluntarily removed himself from the workforce” (para 3).
• Court of Appeals: Affirmed summary judgment in favor of Employer, citing Gonzalez v. Performance Painting, Inc. (para 4).

Parties' Submissions

• Worker: Argued entitlement to modifier benefits until actual return to work or, alternatively, that Employer knew of his undocumented status (para 3).
• Employer: Contended Worker's inability to accept a legitimate return-to-work offer due to undocumented status should preclude modifier benefits (para 3).

Legal Issues

• Whether an undocumented worker is eligible to receive Workers’ Compensation Permanent Partial Disability Modifier benefits (para 1).
• Whether the employer knew or should have known of the worker's undocumented status, affecting the legitimacy of a rehire offer (para 5).

Disposition

• The Supreme Court of New Mexico reversed the summary judgment and remanded the case to the Workers’ Compensation Administration for factual determination regarding Employer's knowledge of Worker's undocumented status (para 10).

Reasons

• Per Curiam: The Supreme Court highlighted the recent decision in Gonzalez v. Performance Painting, Inc., emphasizing the importance of whether an employer knew or should have known of a worker's undocumented status before injury, in determining the legitimacy of a rehire offer. The Court noted that while a properly completed I-9 form is often the best evidence of an employer's knowledge, it is not conclusive. The case was reversed and remanded due to the lack of findings on whether Employer knew or should have known of Worker's undocumented status, especially in light of conflicting affidavits regarding this knowledge (paras 5-9).