Paola Flores — ADJ11673008

Applicant Paola Flores sustained an admitted injury AOE/COE to her neck on August 23, 2018 in a motor vehicle accident while working as a driver. Defendant paid brief temporary disability in February 2019, but after applicant returned to work, defendant discovered during a promotion-related background check that applicant could not legally work in the United States; applicant resigned (or was constructively discharged) on July 25, 2019. The WCJ found applicant was not entitled to temporary disability indemnity benefits, and applicant sought reconsideration arguing immigration status was irrelevant, that she was constructively discharged, and that defendant was estopped from denying TD. The Board, applying Salas v. Sierra Chemical Co., held that federal immigration law preempts state law to the extent it would require an award of lost-pay benefits for the postdiscovery period because the employer cannot legally re-employ an unauthorized worker. The Board affirmed the F&O, denying reconsideration and finding defendant not liable for TD after July 25, 2019.