JCC Awards TPD After Rejecting Undocumented-Worker Defense

Cesar Montejo Diaz, a roofer for Minagi Roofing, sought temporary indemnity benefits after the employer/carrier stopped paying under the 120-day pay-and-investigate rule on September 17, 2025. The E/C argued it could cut off benefits because Montejo was undocumented and had supposedly obtained the job with false work-authorization documents.

Judge William R. Holley rejected that defense on this record. The order found the employer failed to prove Montejo presented false documents, found the employer representative not credible on the hiring process, and held the E/C could not use immigration status to avoid liability where the evidence showed work restrictions from the industrial injury. The JCC denied TTD, but granted TPD from September 18, 2025 through April 16, 2026, with penalties and interest handled administratively.

The takeaway is that an immigration-status defense still has to be proven with competent evidence. When the employer cannot reliably show fraud in hiring, and the medical proof supports post-accident restrictions, a JCC may award indemnity benefits anyway, while still limiting the period to what the evidentiary record actually supports.

Source: Compensation Order