Thread: D.C. court: Illegal immigrants can receive workers' comp

Yet another judge legislating from the bench.

http://washingtonexaminer.com/local/dc/ ... z19BQdNql2

Illegal worker who used false documents of a relative to get a job at a bar injured. Later fired when the bar was getting medical bills in a name that wasn't the one of the employee they thought and found out he was an illegal.

Should offer workers comp to the legal cousin who's documents he used if he can prove an injury. Just another travesty and bad judge who needs to be replaced.

We owe NOTHING to illegals. Deport every last one and take whatever wealth they have as illegal gains or profiting off illegal activities.

Originally Posted by Syanis

Yet another judge legislating from the bench.

http://washingtonexaminer.com/local/dc/ ... z19BQdNql2

Illegal worker who used false documents of a relative to get a job at a bar injured. Later fired when the bar was getting medical bills in a name that wasn't the one of the employee they thought and found out he was an illegal.

Should offer workers comp to the legal cousin who's documents he used if he can prove an injury. Just another travesty and bad judge who needs to be replaced.

We owe NOTHING to illegals. Deport every last one and take whatever wealth they have as illegal gains or profiting off illegal activities.

HE LIED WHEN HE USED HIS COUSIN'S ID, AND I DON'T THINK HE IS ELIGABLE FOR A DAMN THIN THESE PEOPLE CAN COME HERE AND BREAK ALL KINDS OF LAWS AND BE REWARDED FOR IT. I JUST DON'T KNOW THIS COUNTRY ANYMORE. IT IS GOING TO HELL IN A HAND BASKET BECAUSE OF OUR VERY OWN GOVERNMENT. WHAT ARE WE TO DO

THE LEGAL COUSIN SHOULD BE DEPORTED FOR ALLOWING HIM TO USE HIS LEGAL DOCUMENTS, JMHO

He testified during Gonzales' workers' compensation hearing that the company wasn't aware until after the injury that Gonzales was an illegal immigrant, court documents said.

What a load! If anyone actually believes this guy didn't know he was hiring an illegal alien, I've got a bridge in Brooklyn to sell you.

Originally Posted by Shapka

He testified during Gonzales' workers' compensation hearing that the company wasn't aware until after the injury that Gonzales was an illegal immigrant, court documents said.

What a load! If anyone actually believes this guy didn't know he was hiring an illegal alien, I've got a bridge in Brooklyn to sell you.

I believe it. The government makes it very hard to find out if someone is an illegal. Employers are pretty much stuck either having to pay hefty thorough background check prices for each candidate or just accept what is shown is true. Also employers are feeling the pressure from illegal immigrant groups who are pushing for rights and causing problems for companies which try and enforce workers being legal.

These employers especially smalltime employers can't just pick up a phone and verify someone is legit, the feds sure aren't going to help. I'd also assume this illegal spoke english as generally a bartender will need to be able to speak english.

This is why we need E-Verify to pass and be pushed into a requirement for employers. Give them an actual way of finding out if a person is legal to work or not.

Illegals must be deported.

Full Article:

D.C. court: Illegal immigrants can receive workers' comp


By: Freeman Klopott 12/25/10 8:05 PM
Examiner Staff Writer
An illegal immigrant injured while working can receive workers' compensation, the District's highest court has ruled.

Palemon Gonzales was working at a D.C. bar as a busboy on June 30, 2005, when a customer threw a bottle that hit Gonzales in the right eye, blinding him. Gonzales, an illegal immigrant, had to have his dislocated lens reattached through surgery, and he wasn't able to return to work -- at a different bar -- until Jan. 25, 2006. By then, Gonzales was already in the process of trying to collect workers' compensation benefits. Asylum Company, which owned the bar where Gonzales was injured, fought the claim, in part, on the grounds that it contends an illegal immigrant can't receive workers' compensation.

The D.C. Court of Appeals, however, says one can and Gonzales may now receive about $11,000.

One of the bar's owners, David Karim, is now a partner in the D.C. nightclub Josephine. He testified during Gonzales' workers' compensation hearing that the company wasn't aware until after the injury that Gonzales was an illegal immigrant, court documents said. The company thought Gonzales was Armando Casarrubias, Gonzales' cousin, whose name was on the immigration green card that Gonzales presented when he applied for a job at the bar.

It wasn't until July 17, 2005, a few weeks after Gonzales was hit by the bottle, that Karim said Asylum learned Gonzales' real identity, documents said. Up until that day, the hospital had been sending bills for Gonzales' surgery to Asylum. But the bills were in Gonzales' name and not in Casarrubias'. On July 17, 2005, however, Asylum pieced the puzzle together when Gonzales returned to the bar and asked to restart his job despite not being cleared to do so by his doctor. The bar management turned Gonzales away anyway because, Karim testified, they now knew Gonzales was an illegal immigrant.

The workers' compensation board awarded Gonzales benefits and the appeals court ruled that is legal under the District's workers compensation laws because, in part, doing so is "consistent with the principle that the [workers' compensation] Act is to be construed liberally to achieve its humanitarian purpose."

Moreover, federal laws designed to deter illegal immigrants from coming to the U.S. do not usurp the local law, the appeals court said.

Those laws were meant to disrupt the "magnetic" pull of U.S. jobs on illegal immigrants. Allowing employers to get out of paying workers compensation for illegal immigrants would create "powerful incentives for employers to hire such individuals," the appeals court ruled.

fklopott@washingtonexaminer.com


Read more at the Washington Examiner: http://washingtonexaminer.com/local/dc/ ... z19Dw9A2Kd

WOW! Another Christmas present for illegals. And you can bet there is going to be a rush to cash in on this now also. Maybe these idiots that hire the illegals will start to run out of good reasons to hire them. I hope every illegal that has been hurt on the job goes after the company now. I have enough "po'd" in me to share with them.
I hate that this is allowed, but there is a good possibility this will help our cause, not hurt it. Hiring an illegal alien just got more expensive.

Originally Posted by Ratbstard

Full Article:

D.C. court: Illegal immigrants can receive workers' comp


By: Freeman Klopott 12/25/10 8:05 PM
Examiner Staff Writer


Moreover, federal laws designed to deter illegal immigrants from coming to the U.S. do not usurp the local law, the appeals court said.

Those laws were meant to disrupt the "magnetic" pull of U.S. jobs on illegal immigrants. Allowing employers to get out of paying workers compensation for illegal immigrants would create "powerful incentives for employers to hire such individuals," the appeals court ruled.



Read more at the Washington Examiner: http://washingtonexaminer.com/local/dc/ ... z19Dw9A2Kd

Hmm, I'm 50/50 on this part. I agree with his reasoning that if companies don't have to pay this, it gives them an incentive to hire more illegals.

The other part, anyone send this to Obama? He sued Arizona claiming Fed law trumps State/Local law but this Judge/Court says otherwise.

Why doesn't this surprise me?