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Workers' Compensation

The Passover Post: Delaware IAB Comments on Residence Status and the Displaced Worker

You've got to hand it to Mike Silverman.  I count Mike among my dear friends and often find him at the top of my list of opponents.  I have seen Mike in action recently as it relates to the client who speaks no English.  Mike is fluent in Spanish and it is a thing of awe and wonder to watch him convey information to clients at a speed which rivals Nascar's best at Talladega.  Issues of ethnicity aside, today's post reinforces the law as I remember it back when the Board decided Gonzales v. Krispy Kreme, an old case of mine from 2002.

So what do we have?

·   A Termination Petition

·   A 30 year old claimant from Guatemala who arrived in the U.S. 6 years ago

·   A Guatemalan dialect known as Kanjobal

·   A Spanish interpreter (who doesn't know Kanjobal)

·   A second grade education with no ability to read or write, even in the native language

·   An injury to the non-dominant upper extremity

Add to that Mike Silverman with his client's evidence of an unsuccessful job search and a vocational expert for the claimant, Jose Castro-- superimposed on a labor market survey obtained by defense lawyer John Gilbert.  Shades of displaced worker?

Not so much.  Check it out later today-Angel Francisco v. Natural House, IAB# 1349699 (3/18/13).  Citing the Gonzales v. Krispy Kreme case, the proposition is: "Any difficulty finding work that flows from claimant's legal residency status is not relevant to the determination of prima facie displacement, as the factor is completely unrelated to the work injury."  The Board awarded partial disability based on the labor market survey.

And I, for one, eagerly await the return of the humble-but-hot Krispy Kreme donut.... Reportedly coming back to New Castle County by year's end.

Irreverently yours,
Cassandra Roberts

    Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts

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