# Castillo v. Morton Metalcraft Co.

> North Carolina Industrial Commission · May 27, 2005

URL: https://www.frixlaw.com/law-library/cases/3637305

## Case

- **Full name:** Anthony Ocampo Castillo, Employee v. Morton Metalcraft Co., Employer, Virginia Surety Co., Carrier, Cambridge Integrated Services, Third-Party Administrator, Amended.
- **Court:** North Carolina Industrial Commission
- **Decided:** May 27, 2005
- **Precedential status:** Published
- **Opinion:** Concurrence
- **Judges:** <center>     OPINION AND AWARD for the Full Commission by DIANNE C. SELLERS, Commissioner, and CONCURRENCE by CHRISTOPHER SCOTT, Commissioner, N.C. Industrial Commission.</center>
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3637305

## Opinion text

Although in this case the result is correct, the fact pattern raises an issue certain to become more and more common. How are we to handle the vocational rehabilitation of illegal immigrant workers?
By Federal Law, illegal immigrants cannot legally be put back to work in this country, and the Industrial Commission should not close its eyes to the law of the land. Many unanswered questions are raised by the facts of the case at hand. Should defendants be required to pay ongoing total disability until they leave this country? Should defendants be required to assist the illegal immigrant in obtaining legal documentation allowing them to work legally in this country? Should those illegal workers who used fraudulent documents to obtain employment be treated differently than those who did not present fraudulent documents? Should the employers be held to the "you take the employee as you find him" doctrine?
In my opinion, in those cases in which an employer failed to perform an adequate investigation into the veracity of an injured worker's documentation, that employer has decreased standing to argue against providing benefits, including vocational rehabilitation. Such employers should be required to provide injured illegal workers vocational rehabilitation in their country of origin.
S/_______________ CHRISTOPHER SCOTT COMMISSIONER

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3637305. Public record. Not legal advice.
