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Quoting Larson's Workers' Compensation Law , the Supreme Court of Nevada, in an unpublished decision, held that a worker's status as an undocumented worker was not relevant to the issue of whether he qualified for permanent total disability...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