The Supreme Court of Nevada reiterated that the state’s workers’ compensation statutes clearly and unambiguously protected every person in the service of an employer, whether lawfully or unlawfully employed, including...
NV High Court Reiterates That Undocumented Workers May Recover Indemnity Benefits NV High Court Reiterates That Undocumented Workers May Recover Indemnity BenefitsIn a deeply divided (3-2) decision, a New York appellate court reversed a decision by the state's Workers' Compensation Compensation Board that had found an injured, undocumented construction worker had...
Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the SystemIn an unpublished decision, the Supreme Court of Nevada affirmed an award of permanent total disability benefits to an undocumented worker who sustained severe injuries to his head when a...
Nevada Court Affirms PTD Award to Undocumented Worker on Odd-Lot Basis Nevada Court Affirms PTD Award to Undocumented Worker on Odd-Lot BasisIn a divided decision, the Supreme Court of Minnesota held that an injured undocumented worker had raised a genuine issue of material fact as to whether an employer had discharged...
Rock and a Hard Place: Placing Injured Undocumented Worker on Unpaid Leave May Be Retaliatory Discharge Rock and a Hard Place: Placing Injured Undocumented Worker on Unpaid Leave May Be Retaliatory DischargeWhile the workers’ compensation laws of virtually all states include illegally employed persons—e.g., minors and undocumented “aliens”—within the term “employee,” Wyoming’s definition is more restrictive. Only those aliens whom the...
Wyoming Employer Need Not Keep Immigration Documentation on Hand Wyoming Employer Need Not Keep Immigration Documentation on HandN.Y. Work. Comp. Law § 11 bars third-party lawsuits for contribution and indemnification against an injured employee’s employer unless either (a) the employee suffered a “grave injury,” limited to death...
NY: Employer Does Not Lose Exclusivity Defense in Contribution/Indemnification Case Because Employee was Undocumented Alien NY: Employer Does Not Lose Exclusivity Defense in Contribution/Indemnification Case Because Employee was Undocumented AlienThe Court of Appeals of Iowa, in Carter v. Alter Trading Corp., 2012 Iowa App. LEXIS 879 (Oct. 17, 2012), applying the state’s “equitable” apportionment of workers’ compensation death benefits...
Iowa: Court Approves “Uneven” Split of Death Benefits Between American and Honduran Dependents of Deceased Undocumented Worker Iowa: Court Approves “Uneven” Split of Death Benefits Between American and Honduran Dependents of Deceased Undocumented Worker