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

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

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

Quoting Larson's Workers' Compensation Law , the Supreme Court of Nevada, in an unpublished decision, held that a worker's status as an undocumented worker was not relevant to the issue of whether he qualified for permanent total disability...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

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

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

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. For the past five or six years, I’ve shared... Read More

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

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

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’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

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

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

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