I’ve written before about the double edged sword of Employer’s hiring illegal aliens and then denying them W/C benefits based on their immigration status.   With all of the case law supporting benefits for aliens, it seems like a futile position to take for Employers.

Of course, the First DCA has done its part to impart that wisdom onto us E/C’s.  Now, we have another case drive the point home.

In HDV Construction v. Aragon, the E/C fought a PTD claim on the grounds that Claimant is an illegal alien.  Claimant, relying on proper case law, proved to the Judge that the E/C knew all along that he was an illegal alien and therefore they cannot deny benefits based on immigration status.

There is strong language in this opinion that states despite Claimant’s illegal status, Florida industry cannot skirt its W/C  responsibility onto the taxpayers.  It is important for E/C’s to understand that tactics like declaring an AWW of $0.00 and asserting fraud for a fake social security number are probably not going to work. 

When an Employer hires illegal aliens, it’s as if he is hiring legal ones.  And if those illegals are injured, the E/C buys them. 

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