A Tennessee ruling says immigration status doesn't erase employers' workers' comp obligations
A Tennessee workers' compensation court has ordered an employer to provide medical benefits to an injured worker – even after his deportation to Mexico.
The April 8, 2026 decision out of the Tennessee Court of Workers' Compensation Claims in Memphis pits a straightforward question against an uncommon set of facts: does an employer's duty to provide medical treatment survive when the injured worker is no longer in the country?
According to the court, the answer is yes.
The case involves Yonny Perez Hernandez, who was injured on July 17, 2023, while helping carry a large post with four other people at PR Marine Constr., LLC. The post fell on him, and he was airlifted by helicopter to a hospital, where he underwent back surgery requiring hardware insertion and had his jaw wired shut. PR Marine accepted the claim from the beginning, and Hernandez attended four follow-up appointments after being released.
That is where the straightforward part of the story ends.
Hernandez testified that he asked PR Marine for additional treatment after those appointments but never received it. He also said he was never provided with a panel of physicians – a requirement under Tennessee law when an injured worker expresses a need for medical care. About six months after the injury, he moved to Texas. On September 3, 2024, he was deported to Mexico for being in the United States without legal status.
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