Updated: Delaware Supreme Court Weights if Illegal Worker Can Ge - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Updated: Delaware Supreme Court Weights if Illegal Worker Can Get More Disability Money

Posted: Updated:
The Delaware Supreme Court  (Photo: WBOC) The Delaware Supreme Court (Photo: WBOC)

DOVER, Del. (AP)- Should a worker who was injured on the job and now can't find other employment because she is in the country illegally be entitled to continue receiving disability benefits?
    
That was the question the Delaware Supreme Court weighed in on Wednesday in the case of Magdalena Guardado, who injured her left wrist in 2010 while working at Roos Foods, a cheese company that ceased operations in 2014 following a listeria outbreak and suspension of its food facility registration.
    
After being paid various periods of total disability, Guardado returned to work until undergoing surgery in 2014. A doctor cleared her to return to work less than two months later, and the company subsequently sought to terminate her disability benefits.
    
The Industrial Accident Board denied the company's petition last year, saying Guardado, while physically capable of working, was a "displaced worker" because of her immigration status, and that the company's labor market survey had not shown there were jobs within Guardado's reach.
    
"How exactly does an employer go about showing that an illegal alien has job opportunities?" Justice James Vaughn Jr. asked Walt Schmittinger, an attorney for Guardado.
    
"That's a difficult proposition. And yet we know that those jobs exist," Schmittinger said.
    
Andrew Carmine, an attorney for Roos, argued that the board erred in focusing solely on Guardado's immigration status and had failed to do a proper displaced worker analysis.
    
Carmine also argued that a Superior Court judge who upheld the board's decision earlier this year exceeded his authority because his decision took into account other factors that the board did not consider, including that Guardado is unskilled, has little education and does not speak English.
    
Justice Vaughn suggested that Roos has found itself in a situation in which it must prove that there are employers who are willing to acknowledge that they will commit an illegal act by hiring someone living in the country illegally.
    
"How does an employer do that?" he asked.
    
Chief Justice Leo Strine Jr. said the case presents "important and new issues" for the court, which is expected to rule within 90 days.
    
Meanwhile, Guardado, who earned $306 a week at Roos, remains entitled to disability benefits of $204 a week.

  • Most Popular VideosMost Popular VideosMore>>

  • Neighbors React to Easton Recovery Home

    Neighbors React to Easton Recovery Home

    The Humble House has some neighbors like Michael Engels more than just worried.

    "The last thing I want to do is to find out there's a halfway house within walking distance from where my children will be playing and living," Engels said.

    Upset with what's just down the street, Engels says he's considering moving.

    More

    The Humble House has some neighbors like Michael Engels more than just worried.

    "The last thing I want to do is to find out there's a halfway house within walking distance from where my children will be playing and living," Engels said.

    Upset with what's just down the street, Engels says he's considering moving.

    More
  • Scheduled Jet to Land at Salisbury Airport Tuesday, Part 3

    Scheduled Jet to Land at Salisbury Airport Tuesday, Part 3

    It took more than two decades to get to the Salisbury Wicomico Airport to where it is. WBOC's Chris Weimer spoke with former airport manager Bob Bryant about the history of the airport's expansion.

    More

    It took more than two decades to get to the Salisbury Wicomico Airport to where it is. WBOC's Chris Weimer spoke with former airport manager Bob Bryant about the history of the airport's expansion.

    More
  • Perdue Family Farmhouse Turns 100, Becomes Historic Property

    Perdue Family Farmhouse Turns 100, Becomes Historic Property

    Maryland State and Local officials like Governor Larry Hogan and Mayor Jake Day joined Perdue family members to celebrate the 100th anniversary of the farmhouse built by Frank and Pearl Perdue. The Maryland Inventory of Historic Properties unveiled a sign to induct the house into its registry.

    More

    Maryland State and Local officials like Governor Larry Hogan and Mayor Jake Day joined Perdue family members to celebrate the 100th anniversary of the farmhouse built by Frank and Pearl Perdue. The Maryland Inventory of Historic Properties unveiled a sign to induct the house into its registry.

    More
Powered by Frankly

All content © Copyright 2000 - 2017 WBOC. All Rights Reserved. For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices