Further, it determined that Ibanez would be employable if he were eligible to work in the United States. It determined that Ibanez's disability was only temporary and that he would be able to return to light duty. Appellant Associated Risk Management (ARM), High Point's insurance administrator, denied this request. Ibanez's injuries proved debilitating, and so he applied for permanent total disability (PTD) status in June 2018. Even after these surgeries, he continued to suffer both physical pain and mental trauma related to the accident. He was treated for these injuries over the next several years, which included multiple surgeries. In 2014, while working as a carpenter for High Point Construction, a Nevada employer, he sustained severe injuries when a falling two-by-four struck him in the head, shoulder, and back. Respondent Manuel Ibanez is an undocumented Nevadan. In this appeal, we reaffirm that undocumented aliens who are injured while working for a Nevada employer may be eligible for monetary disability benefits. These monetary benefits, paid by the insurer, do not conflict with federal law or undermine the Legislature's intent.
However, we affirmed an award of permanent partial disability benefits to an undocumented alien. We further held that, as a matter of state law, undocumented aliens were not entitled to vocational training that would "only be available.
Twenty years ago, we held that the federal Immigration Reform and Control Act (IRCA) preempts Nevada's workers' compensation laws that would otherwise provide undocumented aliens with employment within the boundaries of the United States. We granted that motion by order entered December 24, 2020, and we accordingly issue this opinion in place of our November 23, 2020, unpublished order. Respondent moved to publish the order as an opinion. We originally resolved this appeal in an unpublished order of affirmance. Bertoldo Baker Carter & Smith and Javier A. Law Offices of David Benavidez and David H. Eighth Judicial District Court, Clark County Tierra Danielle Jones, Judge.Īffirmed. Our online platform, Wiley Online Library () is one of the world’s most extensive multidisciplinary collections of online resources, covering life, health, social and physical sciences, and humanities.Appeal from a district court order denying a petition for judicial review in a workers' compensation matter. With a growing open access offering, Wiley is committed to the widest possible dissemination of and access to the content we publish and supports all sustainable models of access.
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