holding that where the worker, as an unauthorized alien, could not apply for or accept employment, the worker’s loss of earning power was caused by his immigration status and not his work-related injury and therefore the employer was not required to show job availability as a condition precedent to suspending the worker’s benefits
How later courts described this case
- holding that where the worker, as an unauthorized alien, could not apply for or accept employment, the worker’s loss of earning power was caused by his immigration status and not his work-related injury and therefore the employer was not required to show job availability as a condition precedent to suspending the worker’s benefits
- denying workers' compensation benefits only after alien's employment status was discovered, where alien had committed crime by submitting false documents to obtain employment
- "`Employee' as defined by the Act[10] includes any natural person who performs services for another for a valuable consideration. . . . The only individuals that the Act specifically excludes are persons whose employment is casual in nature and those considered independent contractors from the definition of an employee entitled to benefits."
- noting that in the absence of legislation, courts have independent authority to discern public policy
Written by the judges who cited it.
The opinion
Justice NIGRO
concurring.
I agree with the majority that Claimant may receive benefits as an illegal alien, that Reinforced Earth does not need to establish that it referred available jobs to Claimant in order for Claimant’s benefits to be suspended, and that this case should be remanded to the WCJ for a determination as to whether Claimant’s benefits should be suspended. Unlike the majority, however, I believe that the Commonwealth Court properly addressed and considered Reinforced Earth’s argument that the court should create a rule barring illegal aliens from receiving benefits based on a public policy against illegal immigration.
Justice SAYLOR joins in the concurring opinion.