Case Law Database

MIRIAM D. ESPINOSA vs. JOSE L. SERRANO dba EL BAJIO MEXICAN RESTAURANT, IMPERIUM INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Miriam Espinoza's petition for reconsideration of the denial of temporary partial disability (TPD) benefits. The Board adopted the WCJ's report, which found the applicant failed to prove she was legally entitled to work in the United States at the time of her claim for TPD. This conclusion was based on evidence of a false social security number provided at hire and the applicant's assertion of Fifth Amendment rights regarding her immigration status. Therefore, the applicant was not entitled to benefits based on an ability to return to modified or alternative work.