Court rules against training for aliens

Thursday, June 14, 2001 | 9:38 a.m.

CARSON CITY -- While illegal aliens injured on the job are entitled to certain workers' compensation benefits, they are not eligible for state-paid training in other lines of work if their injuries prevent them from going back to their old jobs, the Nevada Supreme Court ruled Wednesday.

The court ruled undocumented workers may receive payments for medical bills and loss of wages if hurt on the job. But the court said they cannot receive vocational rehabilitation to be trained for other employment.

The case involved Angel Tarango, injured when he fell off an 8-foot ladder while employed by Champion Drywall in Las Vegas.

He was compensated with a 10 percent disability payment.

After medical treatment, Tarango was cleared to return to work but was limited to lifting not more than 50 pounds. Since the company required a more vigorous activity, the doctor for Tarango recommended vocational rehabilitation to provide training for other employment.

The majority opinion, written by Justice Myron Leavitt, said Nevada's workers' compensation laws apply to all injured workers regardless of immigration status.

But Leavitt said Tarango is not entitled to the full range of industrial insurance benefits because of a conflict with federal law. Vocational rehabilitation benefits are designed to return the injured worker to the workforce by helping him obtain employment within his physical abilities.

The court said that providing this training would be circumventing the federal immigration law that prohibits state agencies and others from providing employment opportunities for illegal aliens.

Leavitt said, "We conclude that if Champion Drywall provided Tarango with modified employment, Champion Drywall would be circumventing the Immigration Reform and Control Act."