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To some it is nothing more than an anti-illegal immigration measure - one aimed at denying disability benefits to
undocumented workers injured on the job.
For its supporters, the measure known as "Morley's Law" will prevent injured workers who are cleared to return to work
from collecting disability benefits if they are sitting in jail, fired for cause or for breaking the law.
"We never intended to target illegal immigrants with this," said Rep. Michael Morley, R-Spanish Fork, who sponsored the
legislation that overwhelmingly passed the Utah Senate and House and was signed into law by Gov. Jon Huntsman Jr. in
March.
It wasn't until late in the legislative process that the possible impact the proposed law could have on undocumented
workers was even raised, said Morley, a construction company owner. The new law went into effect July 1.
One of the principal proponents of Morley's Law, Jim Olsen of the Utah Food Industry Association, said the measure was
conceived to address a long-standing Utah court ruling known as the King decision. In that decision, a judge awarded
continuing wage benefits to a worker who had recovered from injuries but was unable to return to his job because he was
incarcerated.
"This law doesn't cut off medical benefits if someone isn't able to return to work," Olsen contends. "What is does do is
make sure there aren't any incentives in place that might encourage someone not to return to work once they are able."
Yet some critics, such as Salt Lake attorney Michael Martinez, argue that provisions in the law allowing an injured
worker's employer or the employer's insurance company to immediately petition the state's Labor Commission for the
authority to terminate wage benefits based on alleged criminal conduct are far too broad.
He fears that some employers may try to use the argument that being in the country illegally is a crime as a way to deny
their injured employees benefits and cut their Workers' Compensation expenses.
Unfounded allegations that an injured employee was engaged in "criminal conduct" could cut off a worker from benefits
they otherwise would be entitled to receive, he said.
"What I'm afraid of is that many of those who deserve to receive benefits but don't speak English will find themselves
being dragged through a process that they don't understand," Martinez said.
He also contends that under Utah Labor Commission rules, workers who file claims for compensation benefits are forbidden
from paying an attorney to help represent them through the process. "You can be sure, though, that the employers and the
insurance company will have their attorneys on hand."
Moreover, Martinez contends that the new law lets employers off the hook. He said there are no provisions to sanction
employers for having certified the worker was legally eligible to work in this country in the first place.
Morley said he doubts businesses will try to use the law against their workers. "They have already paid their [Workers'
Compensation] premiums."
He said when critics of the proposed law earlier this year raised the issue that it might unfairly target undocumented
workers, he took a second look at the language and was satisfied that even if they were affected, they were not being
targeted.
"What were we going to do - try to modify the language?" Morley asked. "Were we going to say that a person who can't
return to work because they're in jail or committed crimes isn't eligible for continuing benefits, but if they're in
this country illegally they're exempt?
"That would be like saying, because you're in this country illegally and can't work here, we've decided to retire
you with full benefits."
Olsen of the food industry association concedes that Morley's Law doesn't sanction employers for hiring undocumented
workers but said it wasn't designed to do that in the first place. "This law was designed to address Workers'
Compensation-benefit issues. There are other laws in place that address those employers who hire workers who are in this
country illegally."
The state Labor Commission two weeks ago conducted an emergency meeting for labor attorneys to lay the ground rules and
procedures for employers or insurance carriers to bring action under the new law.
Since that meeting, labor attorney Mark Sanchez said he has come to believe that it is only a matter of time before
employers and insurance carriers begin bringing cases under the new law to the Labor Commission. How many is an open
question.
"What I'm afraid of is that people may be forced to settle their claims for pennies on the dollar because they don't
understand the process. While I'm still trying to understand all the ramifications of this law myself, I can say that I
believe there are going to be problems."
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Some say the disability statute targets immigrants.