Gonzalez v. Midwest Staffing Group, Inc., 040699 MNWC,

Case DateApril 06, 1999
CourtMinnesota
AURELIO GONZALEZ, Employee/Appellant,
v.
MIDWEST STAFFING GROUP, INC., and AMERICAN COMPENSATION INS. by RTW, INC., Employer-Insurer,
and
ALLINA HEALTH SYS. d/b/a UNITED HOSP., Intervenor/Cross-Appellant.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
April 6, 1999
         HEADNOTES          EXCLUSIONS FROM COVERAGE - ALIENS; STATUTES CONSTRUED - MINN. Stat. § 176.011, SUBD. 9. The compensation judge erred as a matter of law in concluding that the petitioner did not qualify as an "employee" under Minn. Stat. § 176.011, subd. 9, because of his status as an undocumented alien.          Reversed.          Determined en banc.           Compensation Judge: Paul V. Rieke.           OPINION           DEBRA A. WILSON, Judge          The employee and the intervenor, Allina Health Systems, appeal from the compensation judge's decision that Aurelio Gonzalez is not eligible for benefits under the Minnesota workers' compensation statutes because he is an undocumented alien. We reverse.          BACKGROUND          Aurelio Gonzalez [Gonzalez] is an undocumented alien who does not possess a valid social security card or resident alien card. He entered the United States in 1997 and eventually purchased a social security card and resident alien card, knowing that they were counterfeit.          Gonzalez applied for work at Midwest Staffing Group, Inc.[the employer], on November 12, 1997, and presented the false social security card and resident alien card, knowing that he could not obtain employment without them. The employer relied on Gonzalez's documents and would not have hired him if it had been aware that he was an undocumented alien.          Gonzalez was subsequently assigned to work at Tilsner Carton. On March 30, 1998, Gonzalez sustained a work-related injury to his left upper extremity, and, as a result of that injury, he received reasonable and necessary medical care and treatment from various medical providers. He has been off work since March 30, 1998, and was released to one-handed, light-duty work effective July 13, 1998. The United States Immigration and Naturalization Service was advised of Gonzalez's background, but, as of the fall of 1998, no action had been commenced.          Gonzalez filed a claim petition seeking temporary total disability benefits, medical expenses, and...

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