NAFTA, Work Comp and Cross-Border Medical Care: A Legal View: Update

An update now on a topic I discussed last January in my post, NAFTA, Work Comp and Cross-Border Medical Care: A Legal View.

David DePaolo reports today that the Supreme Court  docketed for review the case of Porteadores Del Noroeste v. Industrial Commission of Arizona, No. 14-937 on Tuesday.

This case, I thought was decided months ago when the AZ Court of Appeals ruled that Mexican firms sending employees into US became subject to same work comp laws domestic employers are subject to, and that NAFTA did not pre-empt AZ work comp statutes, and that Porteadores could face liability in AZ for compensation that one of its workers claimed he was due.

The Court also said that the unambiguous language of NAFTA provides that only US can challenge a state law as conflicting with the terms of the agreement between US, Canada and Mexico.

However, as David says, this does not mean that the court will review the case, but they at least will take a look at it to determine if it is in their interests, and the interests of this country, to do so.

We will have to wait and see what the Supreme Court does going forward, and if they do review the case, it may have a chilling effect on not only cross-border medical tourism, but overseas as well.

Stay tuned.


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