Workers' Compensation

Recent Posts

Undocumented Workers: U.S. Supreme Court Denies Cert in Sierra Chemical v. Salas
Posted on 5 Dec 2014 by Karen C. Yotis

California WCAB applies Salas to another Salas case 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’... Read More

Workers’ Compensation and the Future: The Macro Versus the Micro View
Posted on 28 Mar 2018 by Deborah Kohl

By Deborah G. Kohl, Esq., Fall River, MA Over the past several weeks, practitioners in the field have been discussing what the workers’ compensation should or might look like in the future. For example, at one conference, an interesting discussion... Read More

Curtain Call on Illegals in Delaware: The Superior Court Affirms a New Class of Displaced Worker
Posted on 27 Jan 2016 by Cassandra Roberts

Today I bring you what Walt Schmittinger affectionately calls “Act 2 of what I presume will be a 3 Act play.” It is the appeal decision in the Guardado case that we have all been waiting for. For the back story, check my blog entry of 4/10... Read More

The Salas Dilemma -- Full Frontal Assault on Workers’ Rights vs. Equitable Defenses to Illegal Conduct
Posted on 5 Jun 2014 by Karen C. Yotis

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... Read More

The Return Of Krispy Kreme: Delaware Courts Ready To Revisit the Issue Of Illegal Aliens and Partial Disability?
Posted on 29 Jul 2014 by Cassandra Roberts

This is a follow up to my post of 3/26/13— The Passover Post: Delaware IAB Comments on Residence Status and the Displaced Worker . You may remember it, courtesy of claimant lawyer Mike Silverman - Angel Francisco v. Natural House , IAB# 1349699... Read More

North Carolina: Undocumented Worker’s Fatal Heart Attack While Fleeing Immigration Service Raid on Employer Was Not Compensable
Posted on 9 May 2014 by Larson's Spotlight

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... 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

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

Julie Myers Wood Discusses Arizona's Controversial Immigration Law
Posted on 14 May 2010 by Julie Myers Wood

In this Emerging Issues commentary, Julie Myers Wood, former Assistant Secretary running U.S. Immigration and Customs Enforcement (ICE), examines the new Arizona immigration law (S.B. 1070, amended by H.B. 2162). She analyzes some key relevant provisions... 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

US DoL Unveils Tool to Help Employees Understand Foreign Worker Certification
Posted on 14 May 2010 by workerscompensation.com

Washington, DC (CompNewsNetwork) - The U.S. Department of Labor today unveiled a new tool to help employers and others understand how to comply with requirements under the H-1B visa program, which allows for the temporary employment of foreign workers... Read More