from the Industrial Commission of the State of Idaho.
order of the Commission is reversed and this case is
remanded for further proceedings consistent with
Cantrill Skinner Lewis Casey & Sorensen, LLP, Boise, for
appellants. Clinton O. Casey argued.
Olson Nye & Budge, Chartered, Pocatello, and Middleton
Law, PLLC, Middleton, for respondent. James C. Arnold argued.
Marquez ("Marquez") sustained an impairment from an
industrial accident while employed at Pierce Painting, Inc.
("Pierce Painting"). Marquez subsequently filed a
workers' compensation complaint. Pierce Painting through
its surety, the State Insurance Fund ("SIF"), paid
Marquez's medical bills, total temporary disability
benefits, and permanent partial impairment benefits. SIF did
not pay Marquez's permanent disability benefits, claiming
that Marquez was not eligible for permanent disability due to
his status as an undocumented immigrant. The Industrial
Commission (the "Commission") disagreed and ordered
that Marquez was entitled to pursue a claim for permanent
disability without reference to his status as an undocumented
immigrant. Pierce Painting and SIF appeal the order of the
Commission. We reverse.
FACTS AND PROCEDURE
was born in 1970 and is a citizen of Mexico. He received a
university degree in Mexico where he became a teacher and
taught first and third year elementary school for seven
years. In approximately 2000, Marquez illegally immigrated
from Mexico to the United States. After entering the United
States, Marquez went to southern California, where he
purchased a social security card and used it to obtain
employment washing dishes at a restaurant. After working in
California for approximately seven months, Marquez moved to
Emmett, Idaho and soon after began working at Pierce
Painting. Marquez's primary job at Pierce Painting was to
prepare buildings to be painted. He was able to work at
Pierce Painting by providing the social security card he
purchased in California. Pierce Painting knew Marquez was an
undocumented immigrant and that his social security card was
not legally issued to him. Not long after beginning at Pierce
Painting, a supervisor received a notice of garnishment
associated with the social security number used by Marquez.
Evidently, the individual to whom the social security number
had been legally issued had an outstanding child support
delinquency. The supervisor instructed Marquez to obtain a
different social security card. Marquez complied by illegally
obtaining a different social security card.
20, 2010, Marquez sustained an impairment from an industrial
accident while preparing a building to be painted. Marquez
was standing on two five gallon buckets stacked on top of
each other to reach an area above a tall doorway when he fell
onto a concrete floor fracturing his right wrist and injuring
his right arm and shoulder. His right wrist was put into a
cast and he eventually underwent multiple right shoulder
surgeries performed by Dr. Hassinger. Dr. Hassinger rated
Marquez's right shoulder impairment at 5% of the whole
person. He recommended permanent restrictions on overhead
activities and that Marquez not return to his position at
of 2010, Marquez was referred to the Industrial Commission
Rehabilitation Division ("ICRD") by SIF. ICRD
consultant Ken Halcomb ("Halcomb") was assigned to
Marquez's case. ICRD's primary objective was to
preserve Marquez's time-of-injury job and to return him
to that job following his recovery. This required Halcomb to
meet with an agent of Pierce Painting, and then with Marquez.
Halcomb interviewed Marquez about his education, past work
history, and transferable job skills. Notably, the interview
did not include questions about Marquez's immigration
status. When it became evident that Marquez would not be able
to return to his time-of-injury job, Halcomb assisted Marquez
in identifying other potential employment opportunities
consistent with his restrictions and within his geographic
area. Ultimately Halcomb closed Marquez's file without
placing him with another employer. Halcomb never learned that
Marquez was an undocumented immigrant. Marquez was then
referred to the Idaho Department of Labor for additional
received substantial benefits under the Workers'
Compensation Act for his injuries. SIF paid $87, 526.64 for
medical bills, $30, 985.87 for total temporary disability
benefits, and $8, 487.60 for permanent partial impairment
benefits. Marquez then sought permanent disability benefits
in excess of his impairment because his post-accident medical
restrictions excluded him from a significant portion of the
undocumented immigrant labor market in Idaho. SIF refused to
pay Marquez any permanent disability benefits because of his
status as an undocumented immigrant.
April 14, 2015, Marquez filed a workers' compensation
complaint against Pierce Painting and SIF ("the
appellants") seeking permanent disability benefits in
excess of his impairment. On May 1, 2015, Marquez filed an
amended workers' compensation complaint. The appellants
filed answers to both Marquez's original and amended
complaints denying that Marquez was entitled to any permanent
disability benefits. On July 28, 2016, the parties stipulated
to the following:
1. Marquez is not legally in the United States.
2. Marquez had no legal access to the Idaho or United States
3. Marquez sustained an industrial injury on May 20, 2010.
4. Marquez injured his right wrist and right shoulder in the