Del Taco v. Worker's Compensation Appeals Bd.

Opinion

YEGAN, J.

The California workers’ compensation laws apply to all California workers regardless of their shape, size, or ethnic background. The statutory scheme envisions benefits for aliens. (Lab. Code, § 3351.) It does not, however, expressly authorize vocational rehabilitation benefits for an “illegal worker” in California. As we shall explain, even if the statutory scheme, liberally construed, provides vocational rehabilitation for an “illegal worker,” the scheme must here yield to the constitutional imperative of equal protection under the laws. We hold that an injured employee is…