Delaware Judge Upholds Terminating Disability Benefits for Illeg - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Delaware Judge Upholds Terminating Disability Benefits for Illegal Employee

Posted: Feb 09, 2018 11:37 AM Updated:

DOVER, Del. (AP) - A Delaware judge has upheld a state panel's decision terminating the disability benefits of a woman who is in the country illegally and was injured at work.

A Delaware judge has upheld a state panel's decision terminating the disability benefits of a woman who is in the country illegally and was injured at work.

The ruling follows the state Supreme Court's 2016 reversal of a court decision upholding the Industrial Accident Board's determination that she was entitled to disability benefits.

The board found that Magdalena Guardado, who worked at a cheese factory, was a "displaced worker" because of her undocumented status.

The Supreme Court sent the case back to the board, saying immigration status is not relevant in determining whether a person is presumed to be a displaced worker.

After a rehearing, the board said there were jobs available within the woman's capabilities and she was no longer entitled to benefits.

A judge upheld that decision Wednesday.

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