A Superior Court judge has given a landscaper another chance for benefits after being hurt on the sprawling property of Rick Jackson, one of Georgia’s leading Republican candidates for governor.
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 Cumming in March 2023.
An attorney for the landscaper said this was how the judicial system was intended to function, ensuring that workers like him “can stand on equal footing and hold even one of the state’s most politically connected billionaires accountable,” attorney Rocky Babson wrote in an emailed statement.
Jackson, a billionaire healthcare executive, will go up against Lt. Gov. Burt Jones in a June 16 runoff for the GOP nomination for governor of Georgia. Neither candidate could consolidate enough Republican support in the May primary.
The case has become a political lightning rod on the campaign trail after details in court records showed that Jackson, who has vowed to crack down on undocumented immigrants, didn’t adequately vet the legal work status of those on his own property.
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.
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. The landscaper’s attorney 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 said 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 decision was not entirely a win for Ortega. But his attorney said that on the “central” issue that had resulted in denial of benefits, the judge sided with Ortega.
The judge is now sending back the case to the workers’ compensation board to redo the case, Ortega’s attorney said, unless Jackson’s attorney decides to file an appeal.
An attorney for Jackson confirmed they are considering an appeal. A campaign spokesperson didn’t respond to a request for comment.
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