The 8th Circuit Court of Appeals affirmed an order granting a workers’ compensation insurer summary judgment in an action originally filed in Iowa state court alleging the insurer had exercised bad faith in failing to pay an injured worker’s medical expenses, which...
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. , 117 Nev. 444...
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 in a divided...
Quoting Larson's Workers' Compensation Law , the Supreme Court of Nevada, in an unpublished decision, held that a worker's status as an undocumented worker was not relevant to the issue of whether he qualified for permanent total disability benefits...
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 must be considered...
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 then claim that there...
The use of a false name and identification papers to apply for a job does not render a worker’s employment contract void ab initio , so as to preclude the worker from receiving workers’ compensation benefits following a work-related injury, held the Supreme Court...
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 no longer be employed regularly...
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, rather than an amount that can be...
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 working conditions...
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 of Wyoming. The...
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 the claimant’s...
BREAKING NEWS: Sierra Chemical has filed a petition for writ of certiorari in which it "asks SCOTUS to determine whether and to what extent a State law authorizing a 'wrongful failure to hire' discrimination action by a person not legally entitled...
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 was authorized to work by the federal...
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’ Compensation...