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Jan 14, 2022

The Case of the Missing Case

In early January, one can reliably count on at least two things: first, that we’ll be bombarded by television commercials hawking diet aids, and second, that someone in the New Jersey Legislature will introduce a bill to exclude undocumented workers from receiving benefits following work-related injuries. And so it was that this morning, while I enjoyed my morning coffee and a nice buttered croissant, I spied a TV ad promising to rid me of unwanted pounds, and I skimmed the text of New Jersey Senate Bill 156, which hopes to amend the definition of “employee” in the Garden State so as to exclude—for purposes of workers’ compensation law—those who work there illegally.

The Famous Coria v. Board of Review Decision

By my count, similar amendments to New Jersey law have died in committee at least 10 times in recent years. I can hear you now. “So, Tom, what’s the big deal?”

Well, run with me here for a minute. You see, there is an explanatory “statement” attached to the bill which reads in part:

This bill is in response to the decision of Mateo Coria v. Board of Review and National Fence Systems, No. A-5076-89-T5 (App. Div. 1991). In that case, the Appellate Division of the New Jersey Superior Court held that the “Temporary Disability Benefits Law” does not disqualify individuals for benefits based upon their status as illegal aliens.

Only I can’t find the 1991 decision.

Initially, I looked for a discussion of the decision in Larson. I thought, “Arthur and I probably wrote about and/or cited 900 or more decisions in 1991. It’s bound to be in § 66.03.”

Alas, there no Larson reference to Coria. Then I thought, “Well, I’ll just find it on LexisNexis.”

You see, because I’m the author of the Larson treatises and an author/contributor to a number of other LexisNexis publications, I have complete access to that fine and exhaustive legal database. But the Coria case just isn’t there.

Moreover, when I “went” to the very fine online collection at Rutgers Law School—the notable law school that has virtually everything “New Jersey”—I couldn’t find Coria there either. I even turned then to the online search engine whose name begins with “G,” but still no Coria. I’m beginning to wonder if the decision actually exists.

The Less Famous, but More Important, Fernandez-Lopez Decision

If one reviews Larson, § 66.03, which offers an extensive discussion of the issue of undocumented workers (formerly described as “illegal aliens”), one finds prominent discussion of another New Jersey decision, Fernandez-Lopez v. Jose Cervino, Inc., 288 N.J. Super. 14, 671 A.2d 1051 (1996). There, the court mentions that its decision on the issue of illegal aliens is one of first impression in New Jersey. That is to say that the Court fails to mention Coria. I recognize that Coria apparently involved benefits payable under New Jersey’s temporary disability program, which provides certain benefits for lost wages due to non-industrial injuries and illnesses and which, therefore, is distinguishable from the state’s workers’ compensation program. But if Coria has been such a big deal in Jersey since 1991, you’d expect a 1996 workers’ compensation decision on illegal aliens at least to mention it.

Before I digress too deeply, in its Fernandez-Lopez decision, the appellate court held illegal aliens were “employees” for purposes of occupational injuries. The Court added that the few published opinions from other state courts which had directly addressed the issue had uniformly held that undocumented aliens are entitled to workers’ compensation. So, if the folks in the Jersey Legislature want to overturn a decision on illegal aliens, they should probably start with the one that’s actually on point.

It Takes Two to Tango

A complete discussion of the important issue of illegal workers within the U.S. economy is beyond the scope of this Friday morning post. There are employers who argue that the illegal act of the undocumented worker should not be supported by allowing “them” to recover workers’ compensation benefits. I’d add, however, that it is generally illegal to hire an undocumented worker. So, whose illegal act are we trying to subsidize? One thing about Senate Bill 156, it might spawn additional discussion on this important matter.

Free Gift Card

In the meantime, I have a $5 Starbucks card for anyone who can send me a copy of Coria.