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Tarango v. State Industrial Insurance Co.6/13/2001
This appeal is from an order of the district court denying a petition for judicial review. Appellant Angel Tarango is an undocumented worker who was injured during the course of his employment with a Nevada employer. Although Tarango received workers' compensation benefits under Nevada's Industrial Insurance Act, he was denied vocational rehabilitation benefits. The primary question presented on appeal is whether an undocumented alien is precluded from receiving vocational training under Nevada's workers' compensation scheme if those benefits would be in violation of federal law, state law, or the Equal Protection Clause. We conclude that although compensation can be paid to an injured undocumented worker pursuant to the state's workers' compensation scheme, formal vocational training must be denied if that training is required solely because of immigration status. Therefore, we affirm the district court's order awarding Tarango permanent partial disability payments, but denying him vocational rehabilitation benefits.
FACTS
Appellant Tarango suffered an industrial injury in January 1996 after he fell from an eight-foot ladder while putting up drywall. Tarango was taken to a University Medical Center Quick Care facility, and there he was diagnosed with a lumbosacral sprain. By early 1997, Tarango's physician stated that Tarango had received maximum medical treatment, and Tarango was cleared to return to the workforce. However, because of the injury, Tarango was limited to permanent medium duty work in which he was to lift no more than fifty pounds. Since Tarango's position with Champion Drywall required more vigorous activity than Tarango's medical clearance would allow, Tarango's physician recommended vocational rehabilitation.
In June 1997, insurer State Industrial Insurance System (SIIS) awarded Tarango permanent partial disability (PPD) based upon a ten percent whole person impairment. Additionally, because of the permanent work restrictions placed upon him, Tarango also applied for vocational rehabilitation benefits, pursuant to NRS 616C.530.
Commensurate with federal law, however, SIIS issued a written determination stating that before Tarango could receive vocational rehabilitation benefits, he was required to submit Immigration and Naturalization Form I-9. The form is required as proof of an alien's legal right to work in the United States. When Tarango failed to satisfy the verification requirement, SIIS suspended his benefits until such proof could be presented.
In two separate proceedings in August and October, 1997, a hearing officer affirmed both the SIIS decisions to award Tarango ten percent PPD, and to deny Tarango vocational rehabilitation benefits absent proof of a legal right to work.
On appeal of the hearing officer's determination, the appeals officer held that the ten percent PPD award was supported by the totality of the documentary evidence. Further, the appeals officer determined that federal law supported SIIS's denial of vocational rehabilitation benefits. Specifically, the appeals officer stated that the federal Immigration Reform and Control Act (IRCA) - which prohibits individuals, entities, or state agencies from providing employment opportunities for illegal aliens - preempted SIIS's duties to provide Tarango with vocational rehabilitation benefits under NRS 616C.530.
Tarango's subsequent petition for judicial review was denied by the Honorable James C. Mahan on May 26, 1999. The district court held that there was substantial evidence in the record to support the appeals officer's decision. Tarango now appeals.
DISCUSSION
This is a case of first impression
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