Posted on 04/02/2016 8:00:01 AM PDT by kevcol
A Mexican man who was injured on the job may be out of luck when it comes to recovering lost income.
A panel of the Indiana Court of Appeals voted 2-to-1 against Noe Escamilla (no-AY es-kuh-MEE-ya). He was permanently disabled after a construction accident at Wabash College in Crawfordsville. Escamilla had worked for Masonry by Mohler of Indianapolis for two years even though he had come to the country illegally as a teenager and used someone else's social security number to get his job. The company had never checked his immigration status.
Escamilla sued Shiel Sexton, Masonry by Mohler's general contractor, seeking compensation for future pay he would lose due to his injury. The appeals court ruled that Escamilla could not use expert testimony based on what he might have made in U.S. dollars, saying the expert did not consider his status as an illegal immigrant. The ruling upheld an earlier ruling from a judge in Montgomery County - a lower court trial has not taken place yet.
Escamilla's attorney says he will appeal the decision. He has 30 days to either petition for the full Court of Appeals to hear the case or to ask the Indiana Supreme Court to consider it.
He should be in prison for using someone else’s SS number and being here illegally.
Sometimes we do the right thing here in IN. I bet we paid his medical bills though.
They should give anything he gets in a judgment to the guy whose identity he stole.
Illegal immigrants should have zero access to the court system for civil or criminal matters. They should be legally helpless. Millions would self deport or not come here in the first place.
This feller didn’t sue anybody..... an ambulance chaser did. Deport them both.
We have these parasite lawyers who will do anything to get paid
After daughter #2 had her baby in 2015, and visiting the maternity dept a couple times, I came to the conclusion that:
1) most children being born are future Democrat voters
2) most maternity expenses are being funded by current Republican voters
A contractor was low bidder at the defense plant where I worked to tear out and replace flooring. He showed up with about 12 or so Hispanics. They had to sign in and receive badges. They all had the same address and other information on their driver’s licenses. The ID’s were so good that the guard said that if it was just one guy he’d have accepted it without question. I think illegals are more common than anybody here knows.
I'm sure that's true, I see it every day, and I'm 1300 miles from the Mexican border.
Appeals Court: Illegal Immigrant Construction Worker Can’t Sue for Lost Wages Based on U.S. Dollars Coz He Didn`t Build That
E-verify needs to be mandatory. And there needs to be a $5,000 fine, per day, per illegal paid by the employer when they’re caught. That’s for the first offense.
2nd offense doubles the fine and adds a five year federal prison term.
Enough of this crap.
L
Dirty little secret: entire industries are built around illegals, including ID's and documents.
“Dirty little secret: entire industries are built around illegals, including ID’s and documents. “
One of the frightening aspects of SWAT arrests, the number of which is soaring higher each year, is that criminal gangs have used identical uniforms and equipment as well as badges to kill opponents. This was reported in Mexican newspapers in 2009 and I have occasionally seen references to arrests in the US where the person arrested was carrying police ID. I suspect that killings done using false police ID are not widely publicized, assuming that police know how they were committed.
One way to prevent confusion and firing at real police is to tone down the number of no-knock raids. The local sheriff in Waco, for example, told the FBI he could have arrested David Koresh anytime without a raid as David went jogging each morning. But, no, the powers that be favored the heavy hand of the LAW.
He should be in prison for using someone else’s SS number and being here illegally.
LOL!!!!! That funny
Let me tell reality
this is back 15 years ago living in California
I had to go to the Franchise Tax Board and get copies of what was reported on my income
so I go to the Franchise Tax Board and then ask them for this information they say what’s your social security number
I give it and the woman behind the counter ask are you so and so giving me this is Spanish man name that works at this metal company in Santa Ana
I said no
then she says oh you must be and gives me her real name that works at and give me the place where I currently worked at the time
I say you’ve got two different people with my social security number listed in computer database??..... that should immediately flag! in the system that you have two different people using the same number
she says oh yeah I shouldn’t have told you that other person
I said isn’t that illegal someone is using my social and you got the information of who you got it listed there all the information to different people’s using the same number ...does the government follow up on this?!!!
she says we don’t do that....
I followed up on this over the years and it seems that all these government databases there’s multiple entries of people using the same social all very easy to find just take one computer run find all the dupes
but they don’t do anything about it and they don’t let you do anything about it in fact official policy is to hide it from you
see the lady of the franchise tax board made a mistake by telling me
because if you go to the Social Security Office and you say you want something on your social security number they won’t tell you anything till you show your ID .....
and then they’ll only give you the information for your name only... they will not give you information for what’s listed under your social security number....but just for what information is listed under your name under your social security number
You can ask them to there face is there anybody else showing under that social ?
and they’ll tell you we cannot tell you that information
So he stole someone’s SS number, then tries to sue, loses his lawsuit, yet is not being prosecuted for stealing SS number?
He was not an employee of U.S. Inc. Therefore he is ineligible to be remunerated in its debt instruments.
I say send the illegal back to Mexico and force the employer to pay him W.C. out of his pocket....
Company hires him with a wink and a nod, then pushes him away when he is injured. This is why unions took hold so well. Company could have hired an american, but chose cheaper guy, nonunion.
If you want to risk the wink, the guy is still human. Company should be fined for hiring him, then pay his costs.
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