Illegal Aliens


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. (more…)

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The First DCA brings us a pair of opinions that further support the notion that the Court sees little to no difference between illegal aliens and naturalized citizens.  While in Fact Track Framing v. Caraballo, they opened a door to the possibility of shutting down illegal aliens claims by holding that a Claimant who does not report his income to the Internal Revenue Service has an AWW of $0.00, the Court now clarifies its position and offer illegal aliens a solution.

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We all know that it is unconstitutional to deny death benefits to the beneficiaries of “aliens not residents (or about to become nonresidents) of the United States or Canada.”  The Florida Supreme Court declared the s. 440.16(7) unconstitutional.  See Deyala v. Florida Farm Bureau, 543 So.2d 204. 

But, what about illegal aliens injured in compensable accidents who previously provided false social security information to secure work, or those illegals who return to their home country while treating for a compensable injury in Florida?  According to the First DCA in two recent decisions, the immigration status of the claimant doesn’t really matter.

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