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

• The case revolves around a Worker who, after reaching the date of maximum medical improvement (MMI), sought modifiers under the New Mexico Workers’ Compensation Act. The Employer was unable to rehire the Worker due to the Worker's undocumented and therefore illegal immigration status.

Procedural History

• Appeal from the Workers’ Compensation Administration, Gregory Griego, Workers’ Compensation Judge: Denied Worker’s claim for modifiers in a grant of summary judgment in favor of Employer.

Parties' Submissions

• Worker-Appellant: Argued for entitlement to modifiers under NMSA 1978, Section 52-1-26(C) of the New Mexico Workers’ Compensation Act after reaching MMI.
• Employer/Insurer-Appellees: Contended that Worker was not entitled to modifiers due to the Worker's undocumented and illegal immigration status.

Legal Issues

• Whether a Worker, after reaching the date of maximum medical improvement, is entitled to modifiers under the New Mexico Workers’ Compensation Act despite being undocumented and therefore ineligible for rehire by the Employer.

Disposition

• The Workers’ Compensation Judge’s denial of Worker’s claim for modifiers was affirmed.

Reasons

• Per Jonathan B. Sutin, J. (James J. Wechsler, J., and Michael D. Bustamante, J., concurring): The court affirmed the Workers’ Compensation Judge’s decision, relying on the reasoning set out in Gonzalez v. Performance Painting, Inc., which was filed contemporaneously with the present memorandum opinion. The decision was based on the Worker's undocumented and therefore illegal immigration status, which rendered the Worker ineligible for rehire and consequently not entitled to modifiers under the Act.