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GONZALEZ v. PERFORMANCE PAINTING, INC.

No. 32,844.

303 P.3d 802 (2013)

2013-NMSC-021

Jesus GONZALEZ, Worker-Petitioner, v. PERFORMANCE PAINTING, INC., and Builders Trust of New Mexico, Employer-Insurer-Respondents.

Supreme Court of New Mexico.

May 30, 2013.

Attorney(s) appearing for the Case

James Rawley , Albuquerque, NM, for Petitioner.

Miller Stratvert, P.A., Nathan A. Cobb , Erica R. Neff , Thomas R. Mack , Albuquerque, NM, for Respondents.

OPINION

BOSSON, Justice.

{1} Undocumented workers injured on the job present a special challenge under the Workers' Compensation Act. All workers are encouraged to return to work when medically feasible, yet federal law may preclude some employers from extending rehire offers to undocumented workers once they learn of their status. Federal law also requires employers to hire in good faith and demand documentation of prospective employees showing...

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