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Member, Beacon International Group, Ltd.
TALLAHASSEE, Fla.—Two illegal immigrants are entitled to workers compensation benefits despite flaws in tax documents they filed, a Florida appellate court has ruled in separate cases.
In Rene Stone Work Corp. and Florida Citrus Business & Industry and USIS vs. Nelson Gonzalez, an employer and insurer argued that the claimant who underwent a partial left leg amputation because of a 2008 accident was not entitled to an average weekly wage of $290, as determined by a compensation claims judge.
They argued the claimant’s award should be zero because he failed to properly report all of his 2008 taxable income to the Internal Revenue Service, which violated Florida law and required forfeiture of all workers comp benefits.
Mr. Gonzalez testified that his employer did not require him to provide U.S. citizenship or residency documentation.
Florida’s appellate court in Tallahassee ruled Monday that Mr. Gonzalez is entitled to the $290 per week and that the employer and insurer sought to require a level of precision in Mr. Gonzalez’s filing of taxes not required by Florida law.
The state court also found, however, that Mr. Gonzalez is not entitled to temporary indemnity benefits and remanded the case for further proceedings.
In J.B.D. Brother’s and Masonry Inc. and Florida Citrus Business Industry and USIS vs. Angel Miranda, the employer and the insurer also argued the claimant—described as an “illegal alien” from Mexico—was not entitled to an average weekly wage of $480 because he did not file the correct forms or complete information with the Internal Revenue Service.
Based on its decision in Gonzalez, the Florida appellate court ruled that Mr. Miranda is entitled to the $480 per week for a 2008 injury he suffered when he fell from a scaffold.
But in his case, the court awarded Mr. Miranda temporary total disability benefits. It did so without discussing why.