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Md. court lets undocumented get workers' compensation
Baltimore Sun ^ | September 13, 2005 | Stacey Hirsh

Posted on 09/13/2005 12:33:49 AM PDT by Cincinatus' Wife

...The justices voted 6 to 1 in favor of the decision.

Judge Glenn T. Harrell Jr. dissented, stating in his opinion that the law refers only to minors when it says that workers "whether lawfully or unlawfully employed" are covered by workers' compensation benefits.

Several states across the country have issued similar rulings in favor of workers, said Lagos' attorney, Del. Luiz S. Simmons, a Montgomery County Democrat.

The attorney for Design Kitchen and Baths could not be reached for comment.

Lagos, who is from Argentina, injured his left hand cutting wood on the job on Aug. 20, 2001.

The injury required him to have two surgeries and left him "temporarily totally disabled" from May 14, 2002, to June 17, according to court documents.

But Simmons said that "many of the undocumented folks are the ones losing their limbs, losing their eyes. ... When there is a trench that collapses, invariably you are going to find someone at the bottom of the pile who does not have a green card."

Undocumented workers are often exposed in the highest-risk jobs, Simmons said, adding that the ruling will benefit those workers, too.

The case of Design Kitchen and Baths v. Lagos began in 2001 at the Maryland Workers' Compensation Commission, which ruled that Lagos was eligible to receive workers' compensation benefits.

The Circuit Court for Montgomery County later affirmed that ruling, according to court documents.

The case then went to the Maryland Court of Appeals and has been pending since February 2004, Simmons said.

(Excerpt) Read more at baltimoresun.com ...


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; Politics/Elections; US: Maryland
KEYWORDS: aliens; bordersecurity; bushamnesty; illegalaliens; illegals; immigrantlist; immigration; invasionusa; labor; openborders; wc; workerscompensation
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1 posted on 09/13/2005 12:33:50 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

That's crap.


2 posted on 09/13/2005 12:35:32 AM PDT by ncountylee (Dead terrorists smell like victory)
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To: Cincinatus' Wife
Judge Glenn T. Harrell Jr. dissented, stating in his opinion that the law refers only to minors when it says that workers "whether lawfully or unlawfully employed" are covered by workers' compensation benefits.

Well if that's the issue it sounds like the majority is just taking the law literally. Somebody needs to fix that law.

3 posted on 09/13/2005 12:38:11 AM PDT by The Red Zone (Florida, the sun-shame state, and Illinois the chicken injun.)
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To: The Red Zone

Or fix the problem of illegal workers.


4 posted on 09/13/2005 12:43:41 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
the undocumented folks

the ILLEGAL folks

5 posted on 09/13/2005 12:45:02 AM PDT by kcvl
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To: Cincinatus' Wife
But Simmons said that "many of the undocumented folks are the ones losing their limbs, losing their eyes. ... When there is a trench that collapses, invariably you are going to find someone at the bottom of the pile who does not have a green card."

Undocumented folks? Where I come from, they're called illegal alien lawbreakers.

6 posted on 09/13/2005 12:45:15 AM PDT by judgeandjury
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To: Cincinatus' Wife

Thanks to the "help" of...





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We all see the faces of the hungry, the homeless, those without medical care, and the hard-working people who struggle to support their families. But we know that sympathy is not enough: we must confront the institutions, laws and attitudes that create or allow injustice.



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Mr. Nethercut received his law degree from Harvard Law School in 1982, and a B.A. in Anthropology, with Honors, from Earlham College in Richmond, Indiana in 1978. He came to the PJC after 14 years with the Office of the Attorney General of Maryland, where he had been a Deputy Chief of the Consumer Protection Division. Mr. Nethercut supervised complex litigation involving consumer fraud, appeals, legislation, and media and community relations for the Consumer Protection Division. Previously, Mr. Nethercut worked for seven years in legal services organizations in Indiana, Ohio, and upstate New York, where he represented tenants and tenant unions, community organizations, and farm workers. He is also active in Baltimore's nonprofit community and housing development organizations.


7 posted on 09/13/2005 12:54:42 AM PDT by kcvl
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To: Cincinatus' Wife

Employers hire illegals because they're cheap and compliant.

When they become neither, employers will either find illegals from another country, or hire Americans.

So, if employers can be made to think that hiring illegals is going to cost them more than it's worth, that's a good thing.


8 posted on 09/13/2005 12:55:52 AM PDT by lonewacko_dot_com (http://lonewacko.com/blog)
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To: kcvl
HumanRightsNOW.org (Michael Ratner, International Human Rights Lawyer: President - Center for Constitutional Rights)
9 posted on 09/13/2005 1:04:15 AM PDT by Cincinatus' Wife
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To: lonewacko_dot_com
The only "compensation", that illegal aliens should get, is a one-way ticket, back to the hell holes they came here from.
10 posted on 09/13/2005 1:06:10 AM PDT by Rca2000 ( "What? No gravy? (POW!!) "Next time, remember the gravy!!!"(From "Chow Hound",1951.))
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To: Cincinatus' Wife
Judge Glenn T. Harrell Jr. dissented, stating in his opinion that the law refers only to minors when it says that workers "whether lawfully or unlawfully employed" are covered by workers' compensation benefits.

If the black-letter law provides for compensation for people "whether lawfully or unlawfully employed," it means what it says. Changing that wording is a matter for the legislature, not the courts. For Harrell to decide on his own, in the face of a clearly-worded statute, that the language thereof applies only to minors is nothing more or less than judicial activism. And we're against that, right?

The solution to a dumbass law is to repeal or amend it, not to appeal to judges to ignore it. It's hardly consistent to rail against "activist judges" and then berate the Maryland judges for being insufficiently activist in overturning or reinterpreting the law as passed by elected representatives of the people.

11 posted on 09/13/2005 1:22:42 AM PDT by ReignOfError
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To: ReignOfError

Am I railing?

The people do need to look at what laws are being passed by their representatives in government.


12 posted on 09/13/2005 1:24:40 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife
Am I railing?

Not you in particular. My point was more general, that a lot of folks who are angered by activist judges get just as angry when judges aren't activist enough in service of their favorite causes.

The people do need to look at what laws are being passed by their representatives in government.

Absolutely. And they don't need to look to judges to "fix" the laws the representatives "got wrong," which is precisely what conservatives have accused liberals of for the last four decades. You don't defeat an opponent by emulating him.

13 posted on 09/13/2005 1:32:31 AM PDT by ReignOfError
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To: lonewacko_dot_com

The ruling stinks, just as much as the 14th being used to legitimize anchor babies.

But you are right. The silver lining is that employers who think they are saving money with Illegal labor are finding out (the hard way) they are not.


14 posted on 09/13/2005 1:40:22 AM PDT by moehoward
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To: Cincinatus' Wife

The employer should be heavily fined and forced to pay the illegal's lost wages and his bus fare back to his country of origin.


15 posted on 09/13/2005 1:53:01 AM PDT by Godebert
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To: ReignOfError

Bump!


16 posted on 09/13/2005 2:22:32 AM PDT by Cincinatus' Wife
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To: Godebert
The employer should be heavily fined and forced to pay the illegal's lost wages and his bus fare back to his country of origin.

The result being - that cost will be passed on to us, the consumer.

What needs to be corrected is how we allow this labor force to enter and stay in the country. Immigration needs limits, controls and enforced laws. Illegal entry needs to be stopped.

17 posted on 09/13/2005 2:25:09 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

Simply amazing how many 'mental midgets' there are making law in this country.


18 posted on 09/13/2005 2:29:09 AM PDT by Dustbunny (The only good terrorist is a dead terrorist)
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To: Cincinatus' Wife

Illegal aliens should be deported. Since they committed crime by working here, they surely should not be given workmans comp. Any who applies should be arrested on the spot and deported.


19 posted on 09/13/2005 3:02:42 AM PDT by Dante3
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To: lonewacko_dot_com
Employers hire illegals because they're cheap and compliant. When they become neither, employers will either find illegals from another country, or hire Americans. So, if employers can be made to think that hiring illegals is going to cost them more than it's worth, that's a good thing.

Interesting logic.

20 posted on 09/13/2005 3:08:11 AM PDT by moog
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