Greetings, by special request, this week’s Tip is on the impact of deportation on documented/legal workers.
I am hearing of an increase in injured workers whose visa/work status expired, and then they are deported.
A few issues:
- TPD- if the Employer was able to accommodate the restrictions prior to the deportation, and would have continued to do so but for the deportation, there is an argument no TPD is due. The accident is not the Major Contributing Cause to the loss of earnings. However the opposite likely holds true, if you were paying TPD before the deportation because the Employer could NOT accommodate the restrictions, you would owe TPD afterwards.
- Medical- The caselaw states we do have to continue to provide authorized medical treatment outside the US, even if the doctors are not FL WC certified and will not accept fee schedule. In many countries it can be a challenge to navigate a foreign healthcare system, especially if it is universal healthcare.
- Impairment Benefits/Rating-Once the claimant reaches MMI, we still have to attempt to get a rating using the 1996 Florida Impairment Guide. We do have a copy of the Guides electronically that you can try and send or at least the relevant pages. The caselaw on Impairment Benefits states that it is simply a math calculation whether the claimant is earning the AWW or greater each week regardless of the reason. So, as opposed to TPD above, even if the Employer was accommodating light duty prior to the deportation, we would owe the higher 75% IB rate if they were not earning the AWW or greater in their country.
If you cannot get a rating, you could always get an IME doctor to review the medical records and opine on the correct rating. Which leads to….
- IME- Depending on the immigration status, and whether there is a pending PFB, we could potentially have the claimant return to the US at the E/C’s expense for an IME. If the claimant was deported and cannot legally return, then most likely not. However, you could always have a doctor in the US review the records and perform a “paper” IME without seeing the claimant.
As always, please let me know if you have any questions.
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Sincerely,
Morgan Indek | Managing Partner