Workers' Compensation

Recent Posts

Nevada: State Supreme Court Repeats Rule Protecting Undocumented Workers
Posted on 19 Jan 2021 by Thomas A. Robinson

An employee's status as an undocumented alien is irrelevant to the worker's entitlement to basic workers' compensation benefits, held the Supreme Court of Nevada. Reiterating a rule earlier laid down in Tarango v. State Indus. Ins. Sys. ,... Read More

Nevada: Undocumented Worker Awarded PTD Benefits under "Odd-Lot" Doctrine
Posted on 9 Dec 2020 by Thomas A. Robinson

Quoting Larson's Workers' Compensation Law , the Supreme Court of Nevada, in an unpublished decision, held that a worker's status as an undocumented worker was not relevant to the issue of whether he qualified for permanent total disability... Read More

United States: District Court Says Termination Was Tied to Injury, Not Immigrant Status
Posted on 9 Feb 2020 by Thomas A. Robinson

Construing Tennessee law, a federal district court held that an employer violated the state’s retaliatory discharge law when it fired an injured worker shortly after an encounter between the worker and two supervisors in which the supervisors berated... Read More

Florida: Undocumented Worker Denied Medical Care Following Injury
Posted on 7 Nov 2019 by Thomas A. Robinson

Affirming a decision by a state Judge of Compensation Claims, a Florida appellate court has agreed that an undocumented worker who sustained injuries in a work-related accident can be denied benefits on the basis that he used someone else’s Social... Read More

The Bangladesh Post: Spousal Benefits Less For illegals Per Delaware Death Statute
Posted on 22 Apr 2015 by Cassandra Roberts

It has been an exciting week for this blogger. On Tuesday a group of us (Matt Fogg, Julie Pezzner, Gary Baker, Susan Ament, Mike Owen and Andy Carmine) travelled to Washington, D.C. to observe a Supreme Court oral argument and spend a few cherished moments... Read More

Wyoming: Undocumented Worker Might Avoid Exclusive Remedy Defense
Posted on 3 Oct 2014 by Larson's Spotlight

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... Read More

Everybody Loves Pedro: Delaware IAB’s Recent Ruling On Illegals Creates Migrant Headache For Employers
Posted on 10 Apr 2015 by Cassandra Roberts

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... Read More

California Workers’ Comp Case Roundup (3/12/2015)
Posted on 12 Mar 2015 by California Compensation Cases Staff

CALIFORNIA COMPENSATION CASES Vol. 80 No. 2 February 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS... Read More

Larson’s Spotlight on Recent Cases: Contribution/Indemnity Defense in Third Party Suit When Employer Hires Illegal Alien
Posted on 5 Oct 2012 by Larson's Spotlight

Larson's Spotlight on Contribution, Firefighter's Rule, Safety Device, and Credit. 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... Read More

The Passover Post: Delaware IAB Comments on Residence Status and the Displaced Worker
Posted on 26 Mar 2013 by Cassandra Roberts

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... Read More

The Dearly Deported, Take Two…..DE Superior Court Affirms IAB Decision In Favor Of Illegal Aliens
Posted on 25 Oct 2012 by Cassandra Roberts

If you have already read today's News Journal or my colleague Molly DiBianca's Delaware Employment Law Blog, then I am a little late to the party. Perhaps you recall my post of 2/9/12 titled "The Dearly Deported-Illegal Alien Status does... Read More

The Dearly Deported—Illegal Alien Status Does Not Work a Forfeiture in Delaware
Posted on 10 Feb 2012 by Cassandra Roberts

It is good to be back. For those who have been out of the loop, Young Conaway moved its office from the Brandywine Building to the Courthouse on Rodney Square. Beautiful new digs, all the better to inspire the muse. Unpacking the 25 box Case Law Library... Read More

The Dearly Deported Finally Depart: DE Supreme Court Affirms on Issue of Illegal Aliens
Posted on 6 Feb 2013 by Cassandra Roberts

Folks, I will make this brief. If you want more detail check my posts of 2/9/12 and 10/25/12 regarding what happens when an illegal alien is deported and is thus not available for a ("DME"). The IAB as well as the Superior Court rejected the... Read More

MO: Commission Rejects "Illegal Alien" Defense
Posted on 22 Jul 2011 by Martin Klug

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... Read More

Five Recent Workers’ Comp Cases You Should Know About (7/1/2011) – Employer Who Knowingly Hires Illegal Alien May Not Oppose Claim Based on Illegal Status
Posted on 1 Jul 2011 by Larson's Spotlight

Larson's Spotlight on Illegal Alien, Mesothelioma, Unexplained Death, Average Weekly Wage, and Cab Driver as Independent Contractor. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More