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Old 01-28-2010, 01:30 AM
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Jeanfromfillmore Jeanfromfillmore is offline
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Default Illegal immigrants due workers comp benefits: Court

Illegal immigrants due workers comp benefits: Court
Posted On: Jan. 26, 2010 11:16 AM CENTRAL
Roberto Ceniceros
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.
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Old 01-28-2010, 07:05 PM
rs232c rs232c is offline
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For the insurance company to be liable they must've received premiums for the employee. If they did not check or care if he was illegal the point is now moot they have to pay.

I don't know of any law that says workman's comp is for citizens only so if they paid the premiums then yes he should be compensated for a valid claim.

There's alot not mentioned but one thing is clear, there is no benefit to hire an illegal over a citizen for workman's compensation claims. I hope that puts an end to the fantasies over employers who have those dreams of scheming to make more money by hiring illegals to reduce 'comps'.
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Old 01-28-2010, 07:15 PM
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ilbegone ilbegone is offline
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I believe that yes, the man was hurt on the job and his employer is liable for the man's injuries. Doesn't matter if he worked one hour or ten years.

What should be a part of this story based on this:

Quote:
Mr. Gonzalez testified that his employer did not require him to provide U.S. citizenship or residency documentation.
Apparently the illegal employee never filled out an I-9, and the employer has the temerity to bring up the fact that the employee cheated on his taxes? How did the employer know, was the employee's pay partially in cash?

Why is ICE not bringing the employer to task for hiring an illegal alien? Where's the IRS?

The employer violated the law just as much as the illegal did, and ought to pay for it.
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