Roos Foods, Appellant Below-Appellant v. Magdalena Guardado, Appellee Below-Appellee

Summary

The Court held that undocumented immigration status alone cannot establish that an injured worker is a prima facie displaced worker. The status is nevertheless relevant when determining actual displacement and whether the employer has shown that suitable employment is genuinely available within the worker’s reach. Because the Board improperly treated undocumented status alone as sufficient, the Court reversed and remanded for a rehearing.