There are so many interesting and relevant facts missing from this story...was the illegal covered by WC? Did the employer cover him, or skirt the law? Was the builder enjoying the competitive advantage of not insuring an employee he knew was illegal? (There are all kinds of advantages in breaking the law--people rob banks because that's where the money is.)
This is an important decision, as many illegals work construction.
Just called the state office, was referred to the Association's legal council, and got his voicemail. I suspect he's started his Thanksgiving weekend. I'll let you know what I find out. Incidentally, the link provided above gives many more details. Here it is again: http://www.postherald.com/me081605.shtml
Did the illegal use false documents to get the job????