Saturday, June 17, 2006
Employers must pay worker’s comp claims to illegals
with fake documents, because they’d be encouraging them if they didn’t. Huh? The price of a cup of coffee just went up.
"Rafael Ruiz, an undocumented worker, was employed by Farmers Brothers Coffee as a manual laborer. He had used a fake social security card and fake green card to get the job. After repeatedly lifting heavy sacks of coffee beans, the 35-year-old Mexican native injured his shoulders, back, and neck. He then put a false social security number on a workers' comp claim form and was awarded benefits. Farmers Brothers contested the award, but the workers' comp judge, followed by the Workers' Compensation Appeals Board, confirmed that Ruiz was an employee for the purposes of workers' comp. The employer appealed that ruling to California's Second Appellate District. [and lost]"
"California's Second Appellate District affirmed the appeals board's order denying reconsideration. Because the California Workers' Compensation Act benefits aren't a penalty imposed on the employer and there's no provision in the Act imposing penalties for the employment of illegal aliens, it doesn't conflict with any federal law. The court explained that the Act's purpose is "to furnish, expeditiously and inexpensively, treatment and compensation for persons suffering workplace injury, irrespective of the fault of any party, and to secure workplace safety." The court further emphasized that California law has expressly declared immigration status irrelevant to the issue of liability to pay compensation to an injured employee; otherwise, unscrupulous employers would be encouraged to hire undocumented aliens."
"Regarding Ruiz's submission of fake documents, the court clarified that a person who has been convicted of a violation of Section 1871.4 is barred from receiving or retaining any compensation obtained as a direct result of the fraudulent misrepresentation. In Ruiz's case, however, there was no conviction. Further, he wasn't required to be a lawfully documented alien to be an employee entitled to workers' comp benefits. It was employment -- not the compensable injury -- that he obtained as a direct result of the use of fraudulent documents. Farmers Brothers Coffee v. Workers' Compensation Appeals Board (Ruiz) (October 17, 2005)." CALIFORNIA EMPLOYMENT LAW LETTER, NOVEMBER 7, 2005, Volume 15, Issue 17
illegal immigration
California
Workers' Compensation
undocumented workers
"Rafael Ruiz, an undocumented worker, was employed by Farmers Brothers Coffee as a manual laborer. He had used a fake social security card and fake green card to get the job. After repeatedly lifting heavy sacks of coffee beans, the 35-year-old Mexican native injured his shoulders, back, and neck. He then put a false social security number on a workers' comp claim form and was awarded benefits. Farmers Brothers contested the award, but the workers' comp judge, followed by the Workers' Compensation Appeals Board, confirmed that Ruiz was an employee for the purposes of workers' comp. The employer appealed that ruling to California's Second Appellate District. [and lost]"
"California's Second Appellate District affirmed the appeals board's order denying reconsideration. Because the California Workers' Compensation Act benefits aren't a penalty imposed on the employer and there's no provision in the Act imposing penalties for the employment of illegal aliens, it doesn't conflict with any federal law. The court explained that the Act's purpose is "to furnish, expeditiously and inexpensively, treatment and compensation for persons suffering workplace injury, irrespective of the fault of any party, and to secure workplace safety." The court further emphasized that California law has expressly declared immigration status irrelevant to the issue of liability to pay compensation to an injured employee; otherwise, unscrupulous employers would be encouraged to hire undocumented aliens."
"Regarding Ruiz's submission of fake documents, the court clarified that a person who has been convicted of a violation of Section 1871.4 is barred from receiving or retaining any compensation obtained as a direct result of the fraudulent misrepresentation. In Ruiz's case, however, there was no conviction. Further, he wasn't required to be a lawfully documented alien to be an employee entitled to workers' comp benefits. It was employment -- not the compensable injury -- that he obtained as a direct result of the use of fraudulent documents. Farmers Brothers Coffee v. Workers' Compensation Appeals Board (Ruiz) (October 17, 2005)." CALIFORNIA EMPLOYMENT LAW LETTER, NOVEMBER 7, 2005, Volume 15, Issue 17
illegal immigration
California
Workers' Compensation
undocumented workers
# posted by Norma : 6/17/2006 04:54:00 PM
