A landscaper’s injury intensifies immigration talk in Georgia governor’s race

A landscaper is fighting in court for benefits after being hurt on the estate of one of Georgia’s leading Republican candidates for governor, in a case that’s become a political lightning rod on the campaign trail.

A Superior Court judge in Forsyth County heard arguments in the case on Thursday, amid early voting and just days away from the official primary day. Details in court records show that health care executive and GOP contender Rick Jackson, who has vowed to crack down on undocumented immigrants, didn’t adequately vet the legal work status of those on his own property.

At issue in the case is whether Facundo Ortega is entitled to workers’ compensation benefits for injuries he incurred on the job. Ortega slipped and hurt his back at Jackson’s mansion property in March 2023. Ortega filed a workers’ compensation claim, and the insurer for one of Jackson’s companies accepted it and entered into a formal agreement to pay — but later withdrew.

Ortega’s attorney on Thursday criticized Jackson, whose assets top $3 billion, for leaving his client at a time of need.

“We’ve got a billionaire from the healthcare industry who, when presented with an injured employee, walked out on his responsibility for him,” Rocky Babson, his attorney, said after the hearing. “That’s really the reason we are here.”

Babson says that three years after Ortega’s injury, he still has unpaid medical bills and hasn’t been able to seek treatment that was recommended by physicians.

But Jackson’s attorney, says Jackson paid Ortega his full salary while he was out — more than workers’ compensation would have paid. He said his client could have saved himself “a lot of time and money” if he allowed the insurer to incorrectly pay out workers’ compensation to Ortega.

“The suggestion that Richard Jackson was up to something nefarious in this matter is completely inappropriate, improper and untrue,” said Mike Bagley, his attorney in the case.

A campaign spokesperson for Jackson declined to answer questions about the case.

The case is not about Ortega’s immigration status, and Babson declined to comment on his client’s status directly.

But in court filings, Babson said that workers on Jackson’s property were “undocumented.” The court record also refers to depositions by Jackson and his representatives, who say they didn’t vet his personal workers using mandatory I-9 forms, which ensure employees are eligible to work in the United States.

Jackson has made immigration a centerpiece of his campaign for the Republican nomination for governor. He says he wants Georgia to lead the nation in deportations of immigrants who are living in the country illegally and have committed crimes.

The day before the first — and only — Republican debate for governor, the New York Post came out with a story about the workers’ compensation case. Jackson suffered his most damaging moment in the debate when Lt. Gov. Burt Jones pressed him over it, asking twice: “You don’t have illegals working for you right now?”

“I don’t know,” Jackson said, pausing for a beat before saying that his healthcare firm and other companies hire thousands of people a year. “We obey the laws.”

Jones said: “It’s just a yes or no answer. I asked him if he has illegals working for him right now, and he said he did and then he said he didn’t.”

After the debate, the Jackson campaign said, “it’s just like a corrupt politician to attack Rick over someone hired by his landscaper.”

A key issue in the workers’ compensation case is over whether Ortega is a “domestic servant” or not. Under Georgia law, domestic servants are generally excluded from mandatory workers’ compensation.

Jackson’s attorney argued that because “domestic servant” covers workers performing duties “in or about the home,” Ortega, as a landscaper, fits that definition. Georgia law, he argues, does not determine employment based on who pays the wages. Rather it’s who controls the time, manner and method of work, and in this case it was Jackson at his home.

But Ortega’s attorneys say this exclusion was applied too broadly and that key evidence — including corporate payroll records, workers’ compensation insurance coverage, and the insurer’s acceptance of the claim — show that he is entitled to worker’ compensation.

Jackson’s attorney argued that the statute has never been interpreted that way.

The judge now has 20 days to issue an order. The Superior Court can either agree with the state workers’ compensation board, which initially denied the claim, reverse the decision, or send the case back to the board.