Posted on 07/24/2004 10:22:01 AM PDT by churchillbuff
Appeals court ruling limiting workers comp for illegal aliens stands
The Associated Press 7/24/2004, 10:41 a.m. ET
LANSING, Mich. (AP) — The state Supreme Court has declined to decide a workers compensation case brought by an illegal immigrant, allowing an appeals court ruling to stand that permitted benefits for the period before his illegal status was discovered, but not afterward. The case involved Mexican immigrant David Sanchez, who was hired at Eagle Alloy Inc., a foundry in Muskegon, in 1997 with a fake social security number and driver's license. He was partially disabled after an accident crushed and burned his hand in 1998, and he was let go in 1999 after the company learned of his illegal status.
He later applied for and received workers compensation benefits for his injury. But the company appealed, arguing that he had violated a provision of Michigan law that requires recipients of workers compensation not to be imprisoned or committing crimes.
The state Court of Appeals ruled that while Sanchez is considered an employee entitled to workers comp, he may only receive it up until the day when his employers discovered he was in the country illegally.
"Essentially, Michigan law says if you're partially disabled, you get workers comp until the employer learns you're an illegal," said Thomas Cypher, a lawyer for Eagle.
A message seeking comment was left with a lawyer for Sanchez.
Cypher said states around the country are grappling with how to handle illegal immigrants seeking workers comp, and that the Michigan appeals court decision restricting the benefits could be an important example, along with the law's provision staking the benefits on a worker's legal status.
The Supreme Court said its decision Friday that it is no longer thinks it should review the questions, although it already had accepted the case and heard oral arguments from the lawyers involved.
Justice Stephen J. Markman disagreed with the decision to pass on the case, arguing that is has important implications for the thousands of illegal workers in Michigan, and for what he called "the rule of law and the meaning of citizenship."
"The issues in this case are substantial ones and of considerable importance to our state. They affect large numbers of Michigan statutes, they implicate legal principles of the highest order, and they are likely to become increasingly significant in the years ahead," Markman wrote in a three-page dissent.
the ILLEGAL got hurt? fix him up and send him home. maybe we won't be able to make it back then.
I believe this law should be changed. We are talking about INSURANCE here, not about welfare or illegals. If you are citizen, and you get into a bar fight, do you lose your car insurance, life insurance, or unemployment insurance ?
Most state workman's comp plans are in fact insurance plans, not retirement plans, or welfare plans.
Something is missing from this article. WHERE THE HELL IS THE INS? If this guy is here illegally, he should be DEPORTED, not suing for paid time off.
And that some can even find a reason for discussion on this matter is truly amazing to me.
Does this mean that if a company knowingly hires an illegal, they are off the hook for workman's comp in Michigan?
If a non-citizen is hurt, take him to his home country's embassy, and have them ship him to a hospital in his home country.
Or put up the money for the hospital bill.
Sorry I am tired of BILLIONS of dollars going to non-citizen health care and a citizen who has paid ten's of thousand's of $ into our tax system has to live in the streets if he can't pay his hospital bill.
If that is true in Calif, we will research each employee to see if his papers are forged or not.
Oops, that would be politically incorrect, profiling, racist etc.
I guess we will only hire white people.
Oops, that's against the law.
Oh well...grrrrrrrrr
ping
Illegal aliens shouldn't get any compensation. These criminals committed a fraud. Instead, they should be fined and then deported.
This son-of-a-b should be prosecuted and ordered to pay fines, then deported with a big "I" branded on the middle of his forehead....
A few years ago I would have laughed at the very thought. Nowdays liberal activist judges threaten every sort of chaos imaginable. That's the 2nd huge reason I'm voting Bush - Kerry would have them packing their bags in Berkley and Ithica, preparing for their judgeship appointments.
Reason #1: NRT's allergic to terrorists.
But using a stolen Social Security number is a felony crime ---- why should someone benefit financially by committing any felony?
I think if the company KNOWINGLY hires an illegal they should have to pay for his complete medical care and pay him his disability checks --- but not cover the costs with Workman's Comp which makes the costs go up higher for everyone.
Too many companies knowingly hire illegals (as contract employees), pay them under-the-table --- and aren't paying into Workman's Comp for those employees. You wouldn't hire an illegal if it didn't benefit you very well financially --- if you paid taxes, workman's comp, etc on them they would no longer be cheap employees.
No bennies, no nothing for ILLEGALS.
What part of the word ILLEGAL do you not understand.
General statement: Not you FITZ.
I still think it might be fair --- many of those employers will actually do their recruiting down in Mexico and help with the finding of coyotes --- they're purposely bringing people over -- and the people are usually very uneducated and figure they are being offered a job so what the heck.
To me if they injure one of their near-slaves, they should have to pay everything for them. It's a little different when the illegal initiated a felony crime by obtaining stolen Identification documents and knowingly fooled the employer.
To me the difference is in how the employer approached things --- if they knowingly hire illegals and bring them over --- then they should have to pay them. Can you imagine if you were living in some shabby little pueblo and someone offered you a job for more money than you can imagine and has transportation all lined up for you --- it might be too good to pass up --- and yes they are lawbreakers but were enticed by the employer.
If an illegal buys life insurance and gets killed in a traffic accident. I say he should get paid.
Workman's comp is not welfare. It is an insurance fund. Each company pays for insurance for its employees bases on an experience rating just like any other insurance like car or health insurance.
If a citizen robs a seven eleven, and their house burns down. I say insurance should pay for the house. I say if a citizen or illegal pays for workman's comp insurance, then they should get paid even if they commit a crime in some other area.
Using a stolen Social Security number is not only a felony --- it's fraud so I would say no --- the illegal should not be further rewarded for committing such a crime. Also if someone would commit a felony like this, they would be likely to fake a workplace injury --- maybe they broke their foot over the weekend and waited till Monday so they could claim job injury --- it's also probably no accident that workman's comp claims are very high along the border.
But I do think a company or other employer that lures someone to come over here illegally should be held completely financially responsible for that person --- and pay a stiff fine.
And many are being lured over --- and tossed aside as soon as they're injured, easily replaced by another. That's why you don't see hordes of illegals wandering the streets looking for jobs --- they already had them before they crossed the border. That's why I make a distinction --- the ones who actively, knowingly commit a felony crime should be given no reward for doing so. That's like saying a bank should pay a bank robber workman's comp if he gets injured while committing his crime.
You apparantly don't have to run the gauntlet of illegals in real life.
You must not have to stop at a convenience stores or gas station, with a child in tow.
You must not drive on public highways.
You must not have to shop at a grocery or department stores.
You must not have to use any ATMs.
Do you rely on illegals for all basic interactions with society at large?
Why are you here?
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