Illegals entitled to workers' compensation

2003 WorldNetDaily.com ^ | August 2, 2003 | WND

[joesnuffy]

LAW OF THE LAND Illegals entitled to workers' compensation Arizona court rules business liable for employee's eye injury

Posted: August 2, 2003 1:00 a.m. Eastern

© 2003 WorldNetDaily.com

A three-judge panel of the Arizona Court of Appeals has ruled a transmission shop in Phoenix is liable to pay the workers' compensation of an illegal alien employee who injured his eye on the job.

In a 3-0 decision, the panel rejected arguments by Lee Myles Transmission that it wasn't liable to pay the claims of Fermin Torres because he is not a U.S. citizen, the Arizona Capitol Times reported this week.

The May 29 ruling, written by Judge Cecil B. Patterson, was issued as a memorandum and thus was not published. That means, the paper said, the ruling will apply only to Torres.

If the court decides to publish the opinion, which it has the option of doing, it could then be used as precedent in future similar cases.

Patterson said the ruling, in which Judge William F. Garbarino and Presiding Judge Patrick Irvine concurred, does not conflict with U.S. immigration law or federal court decisions.

The transmission shop had argued that a U.S. Supreme Court decision, in the case of Hoffman Plastics Compounds Inc. v. NLRB (National Labor Relations Board), precludes Torres from receiving workers' compensation benefits.

The nation's highest court ruled in that case the NRLB could not award back pay to an illegal alien who had been dismissed from employment for engaging in union-organizing activities under the National Labor Relations Act, the paper said.

However, Patterson wrote, "subsequently, district courts have carefully limited Hoffman to its holding, explaining that undocumented workers may still maintain claims for other forms of relief in employment matters."

If anything, Lee Myles Transmission was more at fault for failing to determine the citizenship or immigrant status of Torres prior to hiring him, Patterson wrote.

The paper said the transmission firm made Torres sign a "lengthy" form in English stating, "I am a U.S. citizen and I can prove it." Torres, however, cannot read English.

Shop owner Gregory Kaiser testified he required only "Spanish" applicants to sign such forms, said the paper.

U.S. law, however, forbids discrimination based on national origin or citizenship status, Patterson wrote.

Immigration statutes also prohibit U.S. businesses from hiring illegal aliens, though many do.

[Libertarianize the GOP]

ping

[AEMILIUS PAULUS]

Nothing new or shocking here folks. Lets move on! The illegal-claiming to have injured his back-collects Workmens Comp; under one name(his fathers); one address and one Social security number. At the same time he collects disability under another name(his mothers) and social security number at another address. He simultaneously has a job for cash and a third party lawsuit on file. The third party suit is in a jurisdiction having the pure comparative negligence fraud as a doctrine and he will make a six figure recovery.

[DumpsterDiver]

the panel rejected arguments by Lee Myles Transmission that it wasn't liable to pay the claims of Fermin Torres because he is not a U.S. citizen,

Listen here, your honor, I hire illegals so I can avoid this kind of legal mumbo-jumbo.

[Geezerette]

Wow!!

g in AZ

[WhyisaTexasgirlinPA]

Perhaps each State handles paperwork differently, but in Texas and in Pennsylvania, an employer requires two forms of ID when you are hired - if an employer purposely ignored the law and hired an illegal so he could pay less, or avoid unemployment insurance taxes or whatever, he is liable in this case. Anyone injured on your property can file a claim against you - without further information I would have to side with the courts on this one.

What's your take on this?

[freekitty]

"The May 29 ruling, written by Judge Cecil B. Patterson, was issued as a memorandum and thus was not published. That means, the paper said, the ruling will apply only to Torres."

Yeah, right.

[WhyisaTexasgirlinPA]

LOL

[goldstategop]

I agree with the appeals court. If dishonest employers want to hire illegal aliens to undermine their competition, they shouldn't be surprised if it comes back to bite them in the rear. The salutary effect of this decision should be to provide a powerful financial incentive to avoid hiring illegal aliens thinking you can get around various labor laws and workers' compensation programs to make an easy profit.

[Kuksool]

{If dishonest employers want to hire illegal aliens to undermine their competition, they shouldn't be surprised if it comes back to bite them in the rear}

Ditto. American employers, who hire illegals, are just as bad as the pro-Aztlan groups.

[doug from upland]

It is time for the citizens to locate the businesses that have hired illegal aliens and turn them in to the INS. Yes, I know they don't want to do anything about it, but if we apply enough pressure perhaps something could happen.

[Mears]

What about the employer who asks for proof of citizenship and is given such proof,but it is a forgery?

I don't think illegals are entitled to a damn thing so why should an employer be forced to pay for an illegal that he thought was legal?

The employer did the right thing and the illegal is guilty of fraud. Should the employer still be liable for the injuries?

Get rid of them all,I say,and then we wouldn't have to even discuss this problem.

[Nea Wood]

I live in California and I'm here to tell you, illegals get workers' comp all the time. I read the depositions. They'll claim a phony injury, (I know it's phony because the court reporters tell me.) Or some of the applicants will even say things (through an interpreter, of course,) like, "My boss yelled at me and now I'm traumatized and can never work again and have to be supported for the rest of my life!" And this applicant obtained the job, where his boss allegedly "yelled" at him, by using a phony Social Security card! The opposing attorney, when questioning the applicant, is not even allowed to ask him if he's in the country legally. That would be "insensitive." By all means we must spare the feelings of people who snuck across the border, got phony documents, and took some American's job...THEN filed a phony claim attempting to be supported by this country for the rest of his life! What usually happens is they settle, give the illegal $10,000 or so, then he goes on to file another false claim.

Illegals have all the rights now, folks. The only "rights" we have are the right to pay up, and to shut up.

[ItisaReligionofPeace]

Actually, if you hire a person and they are hurt working for you they should receive workers comp whether citizens or not. I don't see a big deal here. You shouldn't hire illegals to begin with.

[WhyisaTexasgirlinPA]

Wait a minute - if the employers hires anyone they would be covered under worker's comp - the fact that the person lied and is an illegal doesn't really matter does it? An injury would be treated the same......

[WhyisaTexasgirlinPA]

But false claims are done by both illegals and citizens - a real injury due to an unsafe environment should be paid regardless - but I agree with you that the courts are full of bogus claims........

[Kuksool]

{What about the employer who asks for proof of citizenship and is given such proof,but it is a forgery?}

You have a good point. Immigration enforcement in our country is so messed up. A lot of cities have ordinances that protect illegals. For example in Chicago, police officers are not allowed to inquire about someone's immigration status. Even if they do find out if a suspect is here illegally, the city won't inform the INS. Also Cook County (Chicago) accepts the Mexican Consular ID cards as legitimate forms of ID. It is just plain insane!

[Vesuvian]

It depends- if a business willfully hires an illegal alien knowing their illegal status they will pay said worker off the books. If that's the case it is doubtful that the worker paid anything into the Worker's Comp system.

If on the other hand the worker provided forged documents, then the worker should have paid into the system, although there is now the whole fraud issue. What makes me laugh is somehow being a victim of fraud is somehow the business' fault.

What needs to be done in this country is to create some kind of worker's visa like they have in other countries- you can remain in the country and work (and enjoy benefits that come from work like Worker's Comp), but are not entitled to any welfare benefits except a ticket back home if you no longer work.

[07055]

Why not send the workers comp checks to him---back in Mexico?

[WhyisaTexasgirlinPA]

I like your idea about the workers visa - and agree about unemployment and/or social security benefits not extending to an illegal....... but I do have a question regarding workers compensation..... I didn't think that was "elective" - if an employer hires anyone (whether they are using forged documents or not) I thought the employee/employeer was required to be included in Workers Comp.....is that not correct? If it is, then the only way a person wouldn't be paying into Worker's comp would be if they were known to be illegals....... and to me, that is the fault of the company for hiring them.