Tennessee court backs deported worker’s claim for medical benefits

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. 

PR Marine argued that it had reached an agreement with Hernandez’s attorney for him to see a doctor shortly before his deportation, but neither party submitted evidence of such an agreement. 

The checks Hernandez had been receiving from PR Marine stopped after the deportation. He reported ongoing symptoms, including difficulty lifting more than 15 kilograms, pain when sitting or standing for extended periods, and the feeling of hardware in his back when lying on a hard surface.