Gamez v. Industrial Com'n of Arizona

BARKER, Judge,

Special Concurrence.

¶ 17 Under our current legislative scheme, an undocumented immigrant is not an “employee” for purposes of the Arizona Workers’ Compensation Act (“the Act”). Ariz.Rev. Stat. (“AR.S.”) § 23-901(6)(b) (Supp.2005). For this reason, I agree that the award denying benefits should be affirmed.

¶ 18 This particular case can be resolved based on the conflict in medical testimony described above. However, the issue of whether undocumented immigrants are entitled to worker’s compensation benefits under the Act is presented by this case, has been fully briefed by the…