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GONZALEZ v. PERFORMANCE PAINTING, INC.

No. 29,629.

258 P.3d 1098 (2011)

2011-NMCA-025

Jesus GONZALEZ, Worker-Appellant, v. PERFORMANCE PAINTING, INC. and Builders Trust of New Mexico, Employer/Insurer-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted, March 23, 2011, No. 32,844.

Attorney(s) appearing for the Case

James Rawley , Albuquerque, NM, for Appellant.

Miller Stratvert P.A., Thomas R. Mack , Nathan A. Cobb , Albuquerque, NM, for Appellees.

OPINION

SUTIN, Judge.

{1} Worker Jesus Gonzalez appeals the decision of the Workers' Compensation Judge (WCJ) denying him modifier benefits from his employer Performance Painting, Inc. (Employer) under NMSA 1978, Section 52-1-26(C) (1990), of the New Mexico Workers' Compensation Act (the Act), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2007). The WCJ denied modifier benefits because Worker's undocumented immigration status...

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