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 argued that federal immigration laws superseded the state's workers' comp system, which provides medical care and disability benefits to injured employees.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.
"It's a little hard to feel much sympathy for Farmer Bros. Co."
It's a little hard to feel too sorry for the people of California.
Folks out there better grab the bull by the horns (by whatever means) or they will not have a State worth living in.
This is getting ugly!
Well, after all, they ARE illegal.....: )
We have 5-6 million of them here, breeding like rabbits. And we have a pro illegal immigrant President, so what do we Californians do? It will be "California" all over the country in 5-10 years.
Well, some of us are trying. And we have some initiatives in the election hopper next month to help wrest control of the assembly away from the liberal democrats. But I suspect a lot in the state are like the Europeans who won't quit demanding their fiscally-irresponsible taxpayer-paid goodies until they have killed the golden goose.
It's a sad day in America when the courts and politicians break the law! We the people better do something about this before we no longer have the freedom to do so.
Yep, some enterprising prosecutor should start pushing conspiracy and racketeering charges against companies that hire illegals.
That said, the illegal should get nothing more than dropped off 10 feet on the other side of the border.
5 or 10 year? It already is like Cal all over the courtry.
Maybe not quite as many yet, but that will happen in short order.
Not to mention the thousands of employers all over this country that hire them for their personal bottom line.
Because we all don't want to live in tourist traps like Vegas, and cook in the desert like lizards Mac!
Best guess that:
1. the employee presented false documents. This is common in CA and elsewhere; most illegals actually purchase very convincing work papers and ID. There is currently no way to do a even a simply check on validity.
2. The employer strong believes the injuries are bogus. Looks like it from the description of them.
Keep in mind also that illegals rarely contribute to employer provided health insurance. They use work-comp as a makeshift "free" healthcare system for non-work ailments.
Well, trying to find the silver lining.....
As soon as illegals realize they can fake an injury and retire to Mexico with a regular income, the system will be drained dry.....
Emergency rooms are broken, now workers comp.....before long, people are going to insist the problem gets solved........
Unfortunately, you're right, but their actions are a direct result of our corrupt politicians and courts. They're in it for money and power, and that's what it's all about for them. They turn their backs to these employers because they're making a lot of money under the table. IF we started arresting the employers who hire illegals with a mandatory prison term with huge fines, the illegal problem would end over night.
Agree. The greedy employers are not much different than the politicos, except the politicos not only want money, but power and votes too. Consequences be damned!
What the devil can we do about this? SERIOUSLY
ICE doesn't seem to have trouble spotting forged documents. Maybe they could give employers some tips. Trouble is employers don't want any tips as long as they get cheap labor and increase their bottom line.
Isn't this the same as sueing for damages while involved in an illegal activity?
The illegal was involved illegally.
The company by hiring an illegal was involved in an illegal activity.
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