Legal Opinion
Gonzalez v. Performance Painting, Inc.
New Mexico Court of Appeals
Decided January 10, 2011No. 29,629; 32,844PublishedCited by 8 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} Worker Jesus Gonzalez appeals the decision of the Workers’ Compensation Judge (WCJ) denying him modifier benefits from his employer Performance Painting, Inc. (Employer) under NMSA 1978, Section 52-1-26(0) (1990), of the New Mexico Workers’ Compensation Act (the Act), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2007). The WCJ denied modifier benefits because Worker’s undocumented immigration status precluded rehire, thereby constituting an unreasonable refusal of Employer’s return-to-work offer. The WCJ also denied Worker modifier benefits under Section…
2Cases cited27 opinions
- Plyler v. DoeSupreme Court of the United States · 1982
- Hoffman Plastic Compounds, Inc. v. National Labor Relations BoardSupreme Court of the United States · 2002
- Rivera v. Nibco, Inc.Court of Appeals for the Ninth Circuit · 2004
- Rajni J. Patel v. Quality Inn South, Manibhai Patel and Dilip Patel, Sumani Corp., Inc.Court of Appeals for the Eleventh Circuit · 1988
- Dowling v. SlotnikSupreme Court of Connecticut · 1998
22 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gonzalez v. Performance Painting, Inc.New Mexico Supreme Court · 2013
- Campos v. Daisy Construction Co.Supreme Court of Delaware · 2014
- Cordova v. KSL-UnionNew Mexico Court of Appeals · 2012
- Cordova v. KSL-UNIONNew Mexico Court of Appeals · 2012
- Gonzalez v. PERFORMANCE PAINTING, INC.New Mexico Court of Appeals · 2011
3 more not listed; retrieve them via the Exa API.