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Continental Pet Techs. Inc. v. Palacias

The plaintiff was entitled to recover workers' compensation benefits, despite her status as an illegal immigrant and her use of fraudulent documents to obtain employment.

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Continental PET Technologies, Inc. Continental appeals the affirmation by the superior court of an award of benefits to Juana Sandoval Palacias Palacias by the State Workers’ Compensation Board. Continental contends that the trial court erred in finding the existence of an employer/employee relationship because of Palacias’s illegal immigrant status. We disagree and affirm. The factual findings of the Appellate Division of the State Board of Workers’ Compensation must be affirmed by the superior court and by this Court when supported by any evidence. Ga.-Pacific Corp. v. Wilson .1 Viewed in a light most favorable to the decision of the Board, the evidence shows that Palacias was injured on the job while working for Continental. She had been illegally in the United States since 1994 and had worked for and been paid by Continental in a full-time capacity for the five years prior to her accident. She had originally used fraudulent documents to secure her position as a janitor for Continental.

Continental denied her initial claim for workers’ compensation coverage for medical expenses and for lost wages. Following a hearing, an administrative law judge ALJ determined that Palacias was injured in the course of her employment with Continental, and the ALJ directed Continental to pay Palacias workers’ compensation benefits. Finding this decision was supported by a preponderance of competent and credible evidence, the Board adopted the award as its own, which ruling was subsequently affirmed by the superior court. The lone enumeration of error is that the superior court erred in failing to reverse the decision of the Board.

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