To get the other side of the story Comp Time spoke with the attorney representing the illegal immigrant in the recent case in which Oregon's appeals court agreed that the claimant was not entitled to vocational benefits.

As mentioned in Comp Time's last posting, employers in several states have argued that they should not have to provide vocational rehabilitation benefits meant to help injured employees return to work when workers are not legally allowed to work in the United States.

That is a narrow view, said Adian Martin, an attorney at Ransom, Gilbertson, Martin & Ratliff LLP in Portland. He represented the Oregon claimant.

Claimants in these cases could eventually return to work if they obtain the proper documentation. The vocational skills the claimant could gain are not just instant benefits but could help them find work throughout their lives, Mr. Martin said.

There is also a question of fairness, he suggested. His claimant and many others come to the United States without documentation because of financial desperation. Some employers are happy to hire them only to use comp laws against them when it suits the employer's liking, Mr. Martin said.

Many Comp Time readers won't like Mr.'s Martin's argument. But there you have it.

A copy of the Oregon opinion is available here.

On another subject, Comp Time recently posted on work comp benefits and medical marijuana. The bloggers at Workers' Comp Insider continued the discussion. It's available here.