Del Taco v. Worker's Compensation Appeals Bd.

The California workers’ compensation laws apply to all California workers regardless of their shape, size, or ethnic background. The statutory scheme envisions benefits for aliens. (Lab. Code, § 3351.) It does not, however, expressly authorize vocational rehabilitation benefits for an “illegal worker” in California. As we shall explain, even if the statutory scheme, liberally construed, provides vocational rehabilitation for an “illegal worker,” the scheme must here yield to the constitutional imperative of equal protection under the laws. We hold that an injured employee is not entitled to vocational rehabilitation benefits where the employee is unable to return to work solely because of immigration status. Here, the Workers’ Compensation Appeals Board (WCAB) interpreted the Labor Code to provide an “illegal worker” with greater benefits than those available to a “legal worker.” Its interpretation violates the equal protection clause of the United States Constitution and must be annulled.

Facts and Procedural History

Jorge Gutierrez (worker) was employed at a Del Taco restaurant when he injured his lower back. The next day, a physician released him to return to…