Thread: Illegal immigrant denied worker's comp for injury

Wise words from magyart. Accepted answer for me.

http://www.post-trib.com/news/243052,im ... on.article
Back to regular view • Print this page


Illegal's job injury a key workers comp case
(http://www.post-trib.com/news/243052,im ... on.article)

February 5, 2007

By JOHN BYRNE Post-Tribune

Illegal immigrant Benjamin Marrufo's workplace injury and subsequent battle to receive workers' compensation could have been on President Bush's mind during his recent recent State of the Union address.

It also could eventually help set legal precedent in Indiana.

Marrufo, 47, injured his back while moving a locker in May as part of his job at George O'Day's Inc. in Hammond.

An illegal immigrant from Durango, Mexico, Marrufo was denied disability pay by Hanover Insurance Co., which has the insurance contract covering all George O'Day workers.

The case is pending before the state Workers' Compensation Board.

Hanover spokesman Michael Buckley said Marrufo's illegal status voided the insurance coverage.

"He was unable to work for reasons other than his injury, namely, the fact he was illegally in this country," Buckley said.

In filings before the Workers' Compensation Board, Hanover attorney Dana Larbus said Marrufo fraudulently presented himself as a legal worker by giving the company a Social Security card that was not his.

"On January 3, 2006, Plaintiff hired into Defendant's employ using a Social Security card and a permanent resident card, reflecting his date of birth," the motion states.

Allan Mindel, Marrufo's attorney, is not prepared to agree his client presented any documentation. "That is still in dispute," Mindel said.

And it's a key dispute.

Under the law, if a worker gives a number and says it is his Social Security number, the boss has no obligation to further establish the worker's legality.

If that number actually belongs to another, legal, worker, it is common to see an illegal immigrant's wages garnished for years by a Social Security system from which he will never collect payments.

During his Jan. 23 address to Congress, the president promised to get tough on illegal workers by strengthening the Social Security Administration to stop people like Marrufo from working using fake or co-opted numbers.

"We'll enforce our immigration laws at the work site and give employers the tools to verify the legal status of their workers, so there's no excuse left for violating the law," Bush said in his speech.

The president has also touted the "No Match" program, in which the Social Security Administration informs businesses if the Social Security numbers employees submit are false.

But in many states, judges have already ruled illegals injured on the job, like Marrufo, are entitled to compensation.

Not so in Indiana.

Jay Kenworthy, spokesman for the Insurance Institute of Indiana, an industry lobbying group, said Marrufo's case could set precedent if it is appealed to state court after the Workers Compensation Board rules.

"There's some gray area now, so this might be the case," Kenworthy said.

Mindel said he would like to pursue an appeal in the event the board rules against Marrufo.

"That would be up to Mr. Marrufo, though," Mindel said.

If the case does find its way into court, Kenworthy speculated state legislators may try to pass a law themselves, rather than waiting for a judge to decide Marrufo's fate.

"Sometimes the state likes to get out in front of these things," he said.

State Rep. Duane Cheney, D-Portage, chairman of the House Labor Committee, where legislation clarifying the responsibilities for business owners, insurance providers and employees would likely originate.

Cheney said he has not heard discussion in Indianapolis about addressing the issue, but he knows what he would like to see.

"My personal preference would be to take (illegal immigrants) out of workers' comp and let the employer pay it, because they're the ones who are using illegals," Cheney said.

Contact John Byrne at 648-3072 or jbyrne@post-trib.com









© Copyright 2007 Sun-Times News Group | User Agreement and Privacy Policy