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The Undocumented Longshore Claimant: Bollinger Shipyards, Inc., et al. v. Rodriguez

Bollinger hired Rodriguez as a pipefitter based on false information he provided--that he was a U.S. citizen, and a false Social Security number. When he fell injuring his back, Bollinger paid some compensation and reimbursed some medical care. They stopped both when they discovered he was an undocumented...

Five Recent Cases You Should Know About (10/22/2010)

Larson's Spotlight on Undocumented Worker, Consequential Injury, Injuries From False Arrest, Occupational Disease - Lyme Disease, Light Work Duty. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

2010 Year in Review: The Top 10 Workers’ Compensation Issues From a National Perspective

As I gaze back over this rapidly closing year and try to describe the dominant issues that have engaged those of us within the workers' compensation arena, I am mindful of the story of the three blind men who were asked to describe an elephant. Their eyes useless to them, they all awkwardly gathered...

Five Recent Workers’ Comp Cases You Should Know About (7/22/2011) – Blacksmith Fails to Establish Chronic Paranoid Schizophrenia Mental-Mental Claim

Larson's Spottlight on Mental-Mental Claim, Suicide, Third Party Settlement, Disfigurement, and Undocumented Worker. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law, has compiled the...

MO: Commission Rejects "Illegal Alien" Defense

The employer argued that the claimant was not entitled to any benefits because she was an illegal alien. The claimant, 42, admits she was trying to "work out" her immigration status. She admitted crossing the Mexican border illegally 19 years earlier and that she was not naturalized but denied...

The Equal Protection Clause and the Payment of Temporary Partial Disability to the Illegal Worker

California Labor Code Section 1171.5 indicates that all protections, rights and remedies are available to all individuals regardless of their immigration status. In Del Taco v. Workers’ Comp. Appeals Board (2000) 79 Cal.App.4th 1437 [ 65 Cal. Comp. Cases 342 ] the California Court of Appeals held...

The Equal Protection Clause and the Payment of Temporary Partial Disability to the Illegal Worker

California Labor Code Section 1171.5 indicates that all protections, rights and remedies are available to all individuals regardless of their immigration status. In Del Taco v. Workers’ Comp. Appeals Board (2000) 79 Cal.App.4th 1437 [ 65 Cal. Comp. Cases 342 ] the California Court of Appeals held...

Larson’s Spotlight on Recent Cases: Undocumented Worker’s Permanent Loss of Earning Capacity

Larson's Spotlight on Undocumented Worker, Employee Status, Borrowing Employer, and Tort Action Against Third Party. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the...

Larson’s Spotlight on Recent Cases: Intentional Tort for Grain Bin Death Barred by Exclusive Remedy

Larson's Spotlight on Exclusive Remedy, Mental Injury, Traveling Employee, and Undocumented Worker. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. ...

North Carolina: Undocumented Worker’s Fatal Heart Attack While Fleeing Immigration Service Raid on Employer Was Not Compensable

The death of a lumber mill employee, who came to the United States from Mexico, who had used falsified documentation to obtain employment, and who suffered a fatal heart attack as he and other undocumented workers ran from the employer’s premises in an effort to avoid what they thought was an imminent...

The Salas Dilemma -- Full Frontal Assault on Workers’ Rights vs. Equitable Defenses to Illegal Conduct

You be the judge in this controversial case involving what some call undocumented worker Armageddon Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp...

California: Undocumented Worker’s Workplace Discrimination Not Barred by Federal Immigration Law

The Supreme Court of California, reversing an earlier decision by a lower appellate court, held that the federal Immigration Reform and Control Act (IRCA) does not generally preempt either the California Fair Employment and Housing Act (FEHA) nor California's Senate Bill No. 1818, which generally...

Tennessee: Undocumented Worker May Pursue Retaliatory Discharge Action

A Tennessee appellate court has held that an undocumented worker has standing to pursue a retaliatory discharge claim against an employer in spite of the fact that he or she may not be able to return to any job at all. Quoting Larson’s Workers’ Compensation Law , § 66.03 to the effect...

Wyoming: Undocumented Worker Might Avoid Exclusive Remedy Defense

Wyoming’s definition of “employee,” which includes illegal aliens only if the employer reasonably believes both at the date of hire and the date of injury, based upon documentation in the employer’s possession, that the worker was authorized to work by the federal government’s...

Delaware: Employer’s Offer to Rehire Undocumented Worker Is Not Bona Fide Since Worker Could Not Legally Accept It

The Supreme Court of Delaware has held that an injured worker’s undocumented status is a factor that should be considered in determining whether he is capable of returning to work, that just as the inability to secure work due to factors such as the claimant’s age, education, general background...

Federal: No Bad-Faith Denial of Benefits Where Insurer Refused to Pay for Worker’s Groceries and Cable TV

The 8th Circuit Court of Appeals affirmed an order granting a workers’ compensation insurer summary judgment in an action originally filed in Iowa state court alleging the insurer had exercised bad faith in failing to pay an injured worker’s medical expenses, which because of unusual circumstances...

The Top 10 Bizarre Workers’ Compensation Cases for 2014

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. For the past five or six years, I’ve shared with readers my annual list of bizarre workers’...

Wyoming: Undocumented Worker Entitled to Compensation In Spite of Using Fraudulent ID Papers

An alien who was not authorized to be or work in the United States and who obtained employment through the use of false documentation may still be entitled to workers’ compensation benefits related to a work-related injury, held the Supreme Court of Wyoming. The Court acknowledged that an injured...

Wisconsin: Average Weekly Wage for 17-Year-Old Killed in Work-Related Injury Should Be Based on Probable Earnings Had He Reached Age of 27

Death benefits to be paid following the work-related death of a 17-year-old farm worker should be calculated using the presumption provided for in Wis. Stat. § 102.11(1)(g), held a Wisconsin court. That statute provides that where the employee is under 27 years of age at the time of death, his or...

Everybody Loves Pedro: Delaware IAB’s Recent Ruling On Illegals Creates Migrant Headache For Employers

So fresh off the revelry of the Holland Workers Compensation Inn of Court and coming down from the sugar high created by cheesecake on parade, I hear from my dear one, Walt Schmittinger. And while I applaud Walt for his timely sharing of an IAB ruling that is destined to create a lot of fervor in the...

Injured Worker Deported From U.S. Could Testify Via Skype: Cal. Comp. Cases May/June Advanced Postings (5/27/2015)

Here are the fifth batch of advanced postings for the May 2015 issue and the first batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis...