http://www.post-trib.com/news/208059%2C ... nt.article

Illegal immigrant denied worker's comp for injury
(http://www.post-trib.com/news/208059,immigrant.article)

January 12, 2007

By JOHN BYRNE Post-Tribune

Nobody disputes the fact Benjamin Marrufo injured his back on the job.

But Marrufo is an illegal immigrant, so the compensation he is due for that injury is a matter of considerable dispute.

Marrufo, a 47-year-old East Chicago resident, came to the U.S. illegally eight years ago from Durango, Mexico.

He hurt his back in May moving a locker while working at George O'Day's Inc. in Hammond.

Hanover Insurance Co., which holds the worker's compensation policy for George O'Day's, contends his illegal status precludes Marrufo from collecting wage supplement payments during the time he cannot work.

Marrufo said he received payments initially from the insurance company for his medical treatments.

But the payments stopped two months after his work accident, which left him with two bulging discs in his back.

"I want to work, but I can't," Marrufo said, speaking in Spanish. "And now, they aren't paying me."

Hanover's position is supported by a U.S. Supreme Court decision but has not been tested in Indiana courts, according to Allan Mindel, Marrufo's attorney.

The insurance company's tactic is becoming more common, Mindel said.

"It's like the insurance companies realized within the past year or so that they can check the Social Security numbers these guys submit, and challenge the claims if the numbers come back as fakes," Mindel said.

George O'Day's sells and delivers new and used lockers to companies that need to store linens or employees' uniforms.

Company president Steve O'Day referred questions about the case to Dana Larbus, an attorney for Hanover Insurance.

Larbus could not be reached Thursday for comment.

Mindel said insurance companies' positions amount to exploitation of the undocumented workers.

"The insurance companies are collecting premiums from businesses for these workers, then refusing to pay out when they get hurt," Mindel said.

State Worker's Compensation Board hearing member James Dowling deferred the matter Thursday, ruling invalid forms were used to file the claim in the case. The case was heard at the Lake County Government Center in Crown Point.