Workers' Compensation

Recent Posts

United States: Sixth Circuit Affirms Punitive Damage Award in favor of Undocumented Worker
Posted on 22 May 2021 by Thomas A. Robinson

Stressing that non-backpay damages flowing directly from an employer’s illegal act —here the firing of an undocumented worker for filing a claim for workers’ compensation under Tennessee law—did not relate to a plaintiff’s... Read More

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

New York: Court Reverses Board's Decision Disqualifying Undocumented Worker From Benefits
Posted on 26 Dec 2020 by Thomas A. Robinson

A decision by the New York Workers' Compensation Board disqualifying an undocumented worker from additional benefits on its determination that the worker had failed to establish a connection to the labor market was error, held a state appellate court... 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Quoting Larson's Workers' Compensation Law , the Supreme Court of Nevada, in an unpublished decision, held that a worker's status as an undocumented worker was not relevant to the issue of whether he qualified for permanent total disability...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

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

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

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. 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

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

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

How Undocumented Status Impacts the Working Conditions and Safety of Latino Immigrants
Posted on 15 Sep 2015 by Roger Rabb

By Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Although the debate over undocumented immigrants and immigration reform is constantly in the headlines, one area that receives less attention is the... Read More

California: Undocumented Worker’s Workplace Discrimination Not Barred by Federal Immigration Law
Posted on 3 Jul 2014 by Larson's Spotlight

The Supreme Court of California, reversing an earlier decision by a lower appellate court, held that the federal Immigration Reform and Control Act (IRCA) does not generally preempt either the California Fair Employment and Housing Act (FEHA) nor California's... Read More