Immigrant status not a basis to deny workers compensation: Court
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TALLAHASSEE, Fla.—An employer should have known an injured worker was an illegal immigrant and can’t use that illegal status to deny workers compensation benefits, a Florida appellate court has ruled.
The case, HDV Construction Systems Inc. and Gallagher Basset Services Inc. vs. Luis E. Aragon, involved a farm worker who fell 30 feet, requiring extensive medical treatment that included a spinal cord stimulator implant, court records state.
As a result Mr. Aragon is permanently restricted to sedentary work, prohibiting him from performing pre-injury occupations in construction and manufacturing. Additionally, he does not possess proper documentation allowing him to work legally, has a limited education, and is unable to speak or read English—skills that would assist him in performing lighter work, according to court records.
After the accident, Mr. Aragon filed for permanent total disability benefits, to which his employer and its workers compensation insurer argued he was not entitled because of his illegal immigrant status.
But a workers comp judge found that HDV Construction could not use that defense because the employer knew or should have known of claimant’s illegal status prior to his injury.
Substantial evidence
On appeal, Florida’s First District Court of Appeal on Tuesday upheld the workers comp judge’s ruling, citing substantial evidence that the claimant is permanently and totally disabled based on the combined effect of his physical injuries and vocational impediments.
In addition, the state appellate court said the workers comp judge erred in finding that benefits should be awarded only for a limited time period.
The appellate court remanded the case so the judge can enter an order awarding PTD benefits “on a continuing basis.”
This year, the U.S. Supreme Court declined to hear a case in which a Louisiana employer sought to argue that federal law prohibits paying state-mandated workers compensation benefits to an illegal immigrant.
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