Posted on 10/20/2005 3:19:09 PM PDT by Hadean
Illegal immigrants injured on the job are entitled to workers' compensation benefits despite their legal status, a California state appeals court ruled.
The 2nd District Court of Appeal ruled in a case involving Torrance-based coffee roaster Farmer Bros. Co., which had tried to deny workers' comp benefits to an employee who was in the country illegally.
Farmers Bros. argued that federal immigration laws superseded the state's workers' comp system, which provides medical care and disability benefits to injured employees.
The court disagreed, upholding an earlier decision against Farmer Bros. by the state Workers' Compensation Appeals Board.
"California law has expressly declared immigration status irrelevant to the issue of liability to pay compensation to an injured worker," the three-judge panel said in a unanimous ruling issued late Monday.
The plaintiff, Rafael Ruiz, 35, claimed he injured his shoulders, back, neck and hands by repeatedly lifting heavy sacks of coffee beans, according to his attorney's case file.
Attorney Kari Krogseng of San Leandro, who filed a brief on behalf of the California Applicants' Attorneys Association, which represents injured workers, told the Los Angeles Times that the decision affirms "both the common sense application of California law and what every other court in the country has routinely found: that federal immigration law does not pre-empt state workers' compensation laws."
There was no immediate comment from Farmer Bros.; a spokesman did not immediately respond to a message left after hours at corporate headquarters.
Some advocates for tougher immigration control criticized the ruling.
"We can't reward people for breaking the law," said Andy Ramirez, a spokesman for Friends of the Border Patrol, a Covina-based group that sends members to patrol the U.S. border with Mexico.
The state Department of Finance estimated that 2.6 million illegal immigrants live in California.
Outrageous! All they are entitled to is a free trip home.
It's a little hard to feel much sympathy for Farmer Bros. Co.
first, this is such an abhorrence of law it is infuriating.
second, as soon as farmers piped up that it had hired an illegal, why weren't they put right out of business?!
I think the real story here is that the court ruled against illegals. I'm a bit surprised that the courts (for once) did the right thing.
But don't worry. If you back the "rights" of the illegal immigrant population, your friends in the American left will help these people appeal.
It's not fair that the law discriminates against lawbreakers.
*sarcasm off*
If I was Arnold, I would terminate this decision.
The company should pay the workers comp.....to the border patrol.
Illegal immigrants injured on the job are entitled to workers' compensation benefits despite their legal status, a California state appeals court ruled
How is this ruling againt Illegals?
Let any American Citizen Lie to the State about Workers Comp
and see what happens!!! There are posters in our factory stating that it is a crime and a felony!!!
I guess just not for Illegal Immigrants!!!
Illegal immigrants injured on the job are entitled to workers' compensation benefits despite their legal status, a California state appeals court ruled
How is this ruling againt Illegals?
Let any American Citizen Lie to the State about Workers Comp
and see what happens!!! There are posters in our factory stating that it is a crime and a felony!!!
I guess just not for Illegal Immigrants!!!
I think you need to read the story again.
REad the story again....slowly.
If the story is accurate the court made the decision it had to under California law. According to the story it is the state legislature that made immigration status "irrelevant" in cases like this. Though I have little doubt that if no such law existed the court would find tht illegals have the "right" to workers' comp. anyway.
When it comes to failure to deal sanely with illegal immigration all three branches of government at every level have done their bit.
As much as I dislike illegal immigration, I'd have to agree that the employer is responsible here. What's crazy is they would raise such a fuss about it when they knew they were in the wrong.
"It's a little hard to feel much sympathy for Farmer Bros. Co."
I agree. Here the Court was saying that Farmers was trying to win by hiring illegal workers and win again should that worker be injured. I don't support illegal immigration at all but this seemed to be pretty bad faith on the part of Farmers Brothers too. Actually, I think the decision could redound against illegals in the long run. The illegals win this and the attraction of hiring illegals (no need to comply with worker protection rules) diminishes. I realize that it is a stupid decision but maybe it is the way we need to go: make hiring illegals as expensive as hiring legals.
Oops - scanned it and missed the first paragraph.
The headline is misleading.....
Forgot to add that California worker compensation laws are insane. Here are some real cases that have come down within the past couple of years:
Homeowner hires his neighbor who is a roofing contractor to replace his roof. The neighbor's employee heads back to the neighbor's home with the equipment at the end of the day and gets hit by a car. Turns out the neighbor wasn't licensed with the state so the neighbor's employee becomes the homeowner's employee and the homeowner is liable for the employee's worker's comp.
Homeowner hires a company to trim his palm trees. Trimmer falls out of the tree. Homeowner is liable for worker's comp because the triming company has no state license and because the trees exceeded 15' or 20' (can't recall how much now).
Bottom line warning: Make sure in California all your contractors have up-to-date state licenses or you become an employer under California law. Guess the unions got in on that requirement.
So it doesn't surprise me that illegals are benefitted under this boondoggle.
U F B !
Farmers Bros is a big firm that specifically employs illegals to increase their profit margin. They are not the only firm in California to profit from this practice. Furthermore, you do not want the Feds to tell the States anything concerning the States inner working, i.e., state courts, compensation, etc.
That being said, you must punish both the illegal for being here in the U.S. illegally and the company for knowingly employing said illegal alien. The real losers are the taxpayers of Mexifornia.
I agree. They should be required to pay the entire benefit from their own funds rather than lay it off to the state fund which they merely contribute to, and they should be fined or punished in some way for hiring an illegal. If they claim they didn't know he was illegal, then the message must be that in the future they should try harder. They can do it if they try.
Are there any Freepers left in CA...?
I mean besides JimRob, etc.
And .....why?
I'd swear this was a joke.....
Only in CA.
LVM
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