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.

[Scenic Sounds]

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........

I agree. There shouldn't be much controversy about this decision.

[NewRomeTacitus]

I cite "Imagine's" 18-Point Plan here. The gist of it: the illegal's home country is liable in every way. Their home country even has to pay for court costs. Hitting Mexico in its wallet would have amazing results on the tide of illegal immigration.

[FITZ]

Most of those employing illegals know full well what they're doing ---- what they want to do is dump their injured illegal on the American taxpayer ---let them start paying. Maybe they won't hire so many illegals when they begin to realize how much cheating and fraud some of these types commit. I think anyone bringing in illegals needs to pay all the costs ---- education, health care, hospitalizations etc etc that their illegal and his family cost this country.

[FITZ]

If an illegal commits felony document fraud by presenting false and stolen Social Security numbers, they shouldn't receive a dime ---but some good prison time, then deportation, and be barred permanently from legal reentry.

[breakem]

Once you let em in and don't deport them it opens the door to all kind of nonsense.

There is no justification for any benefits to illegals except meals in a holding cell, treatment for contaigious disease,or emergency medical so they can safely be transported home.

[waterstraat]

An illegal is entitled to nothing except deportation.

[Spok]

Ah, America, land of goofy liberals who love to spend other people's money to show their compassion...

[WhyisaTexasgirlinPA]

We saw a lot of illegals in Texas - especially doing brick work - and now, seeing how expensive brick work is in the Northeast, I wonder how long it will take before the illegals move up here!

[FITZ]

I don't think the employers of illegals should be allowed to financially benefit by breaking laws and decide it's going to be much cheaper for them if they hire illegals --- why should an honest businessman have to pay workers comp insurance, have safety programs, supply MSDS information to their employers but someone else comes along and gets to put them out of business by paying low wage, no benefits, no safety programs, etc. Why should the employer breaking the law get completely off the hook and let the taxpayers pay for his injured illegal employees? I think he should even have to pay the entire costs of that illegal and his family that he tried to pass off onto the taxpayers ----education, medical care, food stamps and the rest.

[Vesuvian]

You're correct- worker's comp is not elective, but I am not sure exactly how it is funded. If the illegal uses forged documents, then he will likely show up in the system and the employer will pay into that system. (I belive that workers also pay into the system in the withholding, but I'm not really sure about that.)

If the worker is totally illegal and off the books, I think there is no way that worker is in the worker's comp system- that's the benefit of hiring illegal labor, the employer doesn't have to pay anything to the government.

NRT: what's the 18 point plan? I'm not sure that from a legal standpoint that it could work (I like it, I just think no court would uphold it.) I think that any illegal alien found here should face immediate deportation, and the carrier that brought them here should be liable for that return fare.

[breakem]

Hell, in California we can't even get the police chiefs to tell their folks to turn them over to IRS. This is the biggest issue I know in California (except the deficit, which is somewhat related) and nothing gets done.

[88keys]

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.

Agree...if the illegal defrauded the transmission shop by providing false documentation, he should be immediately deported without compensation (and in fact, if he's "illegal", he should be deported regardless, although maybe with whatever compensation he paid into)...however...my suspicion here is that the employer knew full well his employee was illegal. If the information bears that out, I certainly hope the employer is prosecuted as well as being held personally liable for any "compensation" for his worker...

[Flyer]

If I slip on the bank floor after I rob it can I sue?

[ItisaReligionofPeace]

I don't have a problem with that either assuming the worker is really hurt.

[Libertina]

I'd say that shop owner should have be the one presecuted. His illegal actions could have long standing ramifications for us all. Way to go, guy.

[WhyisaTexasgirlinPA]

Agreed.......thanks

[gubamyster]

ping

[Gritty]

The political Party that addresses this illegal alien problem head-on for the good of the America People is going to have a lock on elections for a generation.

So far, the score is

Democrats = 0

Republicans = 0

[SandRat]

Wheres the BARF-F-F-F-F-F!!!! tag line?