Attorney Mike Martinez said the bill appeared to be nothing more than an anti-illegal immigration "scare tactic" aimed at cutting off undocumented workers, while leaving their employers shielded.

"We're getting back at the illegal/undocumented situation with this language," Martinez said, pointing to a part of the statute that says "criminal conduct" could cut a worker off from benefits, if they're undocumented and therefore returning to work would be illegal. If that were the case, Martinez said, the Workers Compensation Fund would keep its payments and an employer would be shielded from an increased premium. It could go so far, he added, as requiring all workers to prove legal status to obtain disability benefits, while creating an atmosphere of fear in which immigrants don't even apply.

However, after the meeting, Dennis Lloyd, the fund's senior vice president, said: "We do not go out and try to investigate or second-guess whether a worker is documented or undocumented."

A worker's status sometimes does become apparent, however, and that presents a unique situation, he said.

"We can't violate federal law, so we are left with the challenge of how can we adjust the benefit of injured worker," Lloyd said. "What Rep. Morley suggested in his bill ... If this worker is alleging permanent and total disability, and it is illegal to re-employ the worker, does that mean the worker should now receive permanent, total disability?"

LLoyd said parts of the bill do merit a public policy discussion. He said that perhaps rather than cutting off an employee completely for failing to cooperate, perhaps partial wage benefits could still be awarded. And he noted that the burden of proof of "clear and convincing evidence" for temporary claims sets a very high standard.

"The concept that employers should cooperate and employees need to cooperate ... we support that whole-heartedly," he said. "The devil is in the details. Rep. Morley has made a reasonable start."

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E-mail: dbulkeley@desnews.com