Visoso v. Cargill Meat Solutions

Employee, an undocumented worker, was injured while working for Employer. Employee was awarded temporary total disability benefits. Employer later petitioned the workers' compensation court to discontinue the temporary benefits. While the action was pending, Employee returned to his county of origin. The compensation court concluded (1) Employer's obligation to pay Employee temporary total disability should cease because Employee had reached maximum medical improvement; and (2) there was no credible evidence which could be used to determine Employee's loss of earning capacity in his new community, and therefore, Employee's request for benefits for his claim of permanent impairment and loss of earning capacity was denied. The Supreme Court (1) affirmed the compensation court's conclusion that Employee had reached maximum medical improvement; but (2) reversed the denial of Employee's claim of permanent impairment and loss of earning capacity because where no credible data exists for the community to which the employee has relocated, the community where the injury occurred can serve as the hub community. Remanded. View "Visoso v. Cargill Meat Solutions" on Justia Law