Workers' Compensation

Recent Posts

Idaho: Injured Worker’s “Undocumented” Status is Economic Factor to Be Considered in Determining Level of Permanent Disability
Posted on 15 Aug 2018 by Thomas A. Robinson

In a split decision, the Supreme Court of Idaho held that the plain wording of Idaho Code Ann. §§ 72-425 and 72-430 require that all personal and economic circumstances that diminish the ability of the claimant to compete in an open labor market... Read More

The Majority Rule on Undocumented Workers Receiving Workers’ Comp Benefits
Posted on 10 Apr 2017 by LexisNexis Workers' Comp Law Newsroom Staff

Undocumented worker can receive workers’ comp benefits in spite of false papers used in hiring process The Supreme Court of Kansas now follows the vast majority of states that the employer cannot accept the fruits of a worker’s labor and... Read More

Tennessee: Limitation on PPD Benefits for Undocumented Workers Found Unconstitutional
Posted on 2 Dec 2016 by Thomas A. Robinson

Where a Tennessee injured employee is unable to return to work because of his or her undocumented status, Tenn. Code Ann. § 50–6–241(e)(2) limits the employee’s PPD award to one and one-half times the medical impairment rating,... Read More

Tennessee: Undocumented Worker May Pursue Retaliatory Discharge Action
Posted on 8 Aug 2014 by Larson's Spotlight

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’... Read More

Larson’s Spotlight on Recent Cases: Intentional Tort for Grain Bin Death Barred by Exclusive Remedy
Posted on 7 Jun 2013 by Larson's Spotlight

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... Read More

Delaware: Employer’s Offer to Rehire Undocumented Worker Is Not Bona Fide Since Worker Could Not Legally Accept It
Posted on 21 Nov 2014 by Larson's Spotlight

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... Read More

Delaware: Undocumented Worker Entitled to Total Disability Benefits as “Displaced” Worker
Posted on 2 Dec 2016 by Thomas A. Robinson

The Supreme Court of Delaware has held that a worker’s undocumented status is one factor that should be considered in determining whether a worker is deemed to be “displaced”—so disabled by a compensable injury that he or she will... Read More

Larson’s Spotlight on Recent Cases: Undocumented Worker’s Permanent Loss of Earning Capacity
Posted on 1 Mar 2013 by Larson's Spotlight

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... Read More

Wyoming: Undocumented Worker Entitled to Compensation In Spite of Using Fraudulent ID Papers
Posted on 20 Feb 2015 by Larson's Spotlight

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... Read More

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
Posted on 6 Mar 2015 by Larson's Spotlight

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... 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

Injured Worker Deported From U.S. Could Testify Via Skype: Cal. Comp. Cases May/June Advanced Postings (5/27/2015)
Posted on 28 May 2015 by California Compensation Cases Staff

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... 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