Tarango v. State Industrial Insurance System

In Tarango v. State Industrial Insurance System, 117 Nev. 444, 25 P.3d 175 (Nev. 2001), Tarango injured himself when he fell from a ladder while putting up drywall. He was released to work with restrictions. Because the restrictions precluded his former employment, his doctor recommended vocational rehabilitation. He was awarded permanent partial disability (PPD) benefits in June 1997. As part of his application for vocational rehabilitation benefits, Tarango was required to submit INS Form I-9, alien's proof of legal right to work in the U.S. Tarango failed to satisfy the requirement and the State Industrial Insurance System (SIIS) suspended his vocational rehabilitation benefits, but not his PPD. The Nevada Court agreed that the workers' compensation laws applied to all workers, regardless of immigration status. However, the purpose of rehabilitation benefits is to return the worker to the workplace. It held that by requiring rehabilitation benefits, SIIS would be forced to violate Nevada law which requires the insurer to return the worker to his former job; to a job with the same employer with accommodations; to employment with a different employer using his existing skills; or provide training in another vocation. Because IRCA makes it illegal for an employer to employ an unauthorized worker, SIIS would be forcing the employer to violate federal law.