 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Tarango v. State Industrial Insurance Co.6/13/2001
Drywall in his former role. Therefore, NRS 616C.530(1) was never at issue. However, NRS 616C.530(2) and (3) were clearly applicable. Because Tarango could return to the workforce in a limited role, SIIS was required by the priority scheme to return Tarango to Champion Drywall or to a similarly situated employer. Yet, as previously noted, such placement by SIIS would have required the employer to knowingly violate the IRCA and incur substantial penalties. Although SIIS would not have incurred those penalties, we conclude that this alternative would have led to an illogical and absurd result.
Under the second alternative, SIIS would be required to ignore the priority scheme established by the legislature in NRS 616C.530 and to provide Tarango with formal training based solely on his illegal status. Yet, we conclude that the agency's authority is not so broadly extended. Although SIIS is "impliedly clothed with power to construe the relevant laws and set necessary precedent to administrative action," it is not permitted to circumvent the legislature's clear intent in creating the prioritized rehabilitation scheme.
Further, we fail to comprehend how providing Tarango with formal training would create more efficiency in the workers' compensation system. The system is designed to "ensure the quick and efficient payment of compensation to injured and disabled employees at a reasonable cost to the employers." Awarding Tarango formal vocational training under NRS 616C.530(4) and (5) diametrically opposes the express intent of our workers' compensation scheme.
Specifically, NRS 616C.530(4) necessitates providing Tarango with formal vocational training that runs concurrent with his employment. The IRCA prohibits Tarango's employment in the United States. Thus, SIIS would be required to provide training outside of Nevada. The NIIA was not intended as a means to expand the agency's powers to award vocational benefits beyond the borders of Nevada – let alone the borders of the United States.
Likewise, it is our view that dangerous precedent is set in allowing an undocumented worker to skip through the priority scheme directly to NRS 616C.530(5). Under this option, SIIS would be required to offer Tarango formal training for a different vocation outside the United States. However, it is clear that this training would only be available to Tarango because of his undocumented status. If he were a legal worker, this option would never become available.
More importantly, by allowing an undocumented worker to advance to NRS 616C.530(5) – without regard for his injuries – this court would be providing a pathway that would lead all injured undocumented workers to the most expensive remedy provided under the scheme. The formal vocational training "would bear no relationship to 'medical eligibility,' the extent of disability or need for retraining." Not only would the costs of such training create an excessive burden on SIIS and the employers of Nevada, but it would also undermine the purpose behind Nevada's workers' compensation scheme.
Vocational rehabilitation was designed to provide methods to promptly return the employee to the workforce. But here, Tarango would not be using the scheme to return to his former or a similar job. Rather, he would be using Nevada's workers' compensation scheme as an avenue to a better career. This was not the intent of the legislature. The legislature intended a priority scheme to be established in order to provide efficiency and cost-effectiveness. " hen the language of a statute is plain, its intention must be deduced from such language, and the court has no right to go beyond it." As a result, we conclude that SIIS properly denie
Page 1 2 3 4 5 6 7 8 9 Nevada Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|