Tag: undocumented

Jan 13, 2020

Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System

In 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 failed to establish, through a diligent, relevant search for employment, that he maintained the required connection to the labor market....

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 System
Dec 24, 2014

8th Circuit: Insurer’s Refusal to Pay for Injured Undocumented Worker’s Groceries and Cable TV Not Bad-Faith Denial of Insurance Benefits

In an action alleging bad-faith denial of insurance benefits filed by an undocumented worker who sustained severe injuries in a work-related accident, the Eighth Circuit Court of Appeals, construing Iowa...

8th Circuit: Insurer’s Refusal to Pay for Injured Undocumented Worker’s Groceries and Cable TV Not Bad-Faith Denial of Insurance Benefits 8th Circuit: Insurer’s Refusal to Pay for Injured Undocumented Worker’s Groceries and Cable TV Not Bad-Faith Denial of Insurance Benefits
Nov 18, 2014

Delaware Employer’s Inability to Rehire Undocumented Worker Following Injury is Its Worry, Not the Worker’s

Observing that the employee must must be taken as he or she was hired, that in determining an employee’s “earning power” following an injury, Delaware courts are authorized to consider...

Delaware Employer’s Inability to Rehire Undocumented Worker Following Injury is Its Worry, Not the Worker’s Delaware Employer’s Inability to Rehire Undocumented Worker Following Injury is Its Worry, Not the Worker’s
Sep 29, 2014

Wyoming Court Says Undocumented Worker Might Be Able to Employ Ingenious Argument to Avoid Exclusive Remedy Defense

The Wyoming Supreme Court, construing the statutory provision within the state’s Workers’ Compensation Act (“the Act”) defining “employee,” recently held that an an undocumented worker might be able to take...

Wyoming Court Says Undocumented Worker Might Be Able to Employ Ingenious Argument to Avoid Exclusive Remedy Defense Wyoming Court Says Undocumented Worker Might Be Able to Employ Ingenious Argument to Avoid Exclusive Remedy Defense
Jul 25, 2014

Pennsylvania: Claimant’s Invocation of Self-Incrimination Rights Cannot, Standing Alone, Furnish Sufficient Evidence to Suspend Comp Benefits

On Monday, in Cruz v. Workers’ Comp. Appeal Bd. (Kennett Square Specialties), 2014 Pa. LEXIS 1772 (July 21, 2014), the Supreme Court of Pennsylvania held that as to the proper...

Pennsylvania: Claimant’s Invocation of Self-Incrimination Rights Cannot, Standing Alone, Furnish Sufficient Evidence to Suspend Comp Benefits Pennsylvania: Claimant’s Invocation of Self-Incrimination Rights Cannot, Standing Alone, Furnish Sufficient Evidence to Suspend Comp Benefits
Feb 17, 2014

NY: Employer Does Not Lose Exclusivity Defense in Contribution/Indemnification Case Because Employee was Undocumented Alien

N.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 Alien
Oct 3, 2012

New York: By Hiring Illegal Alien, Employer Did Not Give Up Protection Against Third-Party Claims for Contribution and/or Indemnification

In spite of the fact that the Federal Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful to knowingly hire undocumented (illegal) aliens [see 8 U.S.C.S. § 1324a],...

New York: By Hiring Illegal Alien, Employer Did Not Give Up Protection Against Third-Party Claims for Contribution and/or Indemnification New York: By Hiring Illegal Alien, Employer Did Not Give Up Protection Against Third-Party Claims for Contribution and/or Indemnification