# Reinforced Earth Co. v. Workers' Compensation Appeal Board

> Supreme Court of Pennsylvania · November 6, 2002 · 570 Pa. 464

URL: https://www.frixlaw.com/law-library/cases/9701492

## Case

- **Full name:** The REINFORCED EARTH COMPANY, v. WORKERS’ COMPENSATION APPEAL BOARD (ASTUDILLO), Appeal of the REINFORCED EARTH COMPANY AND STATE WORKERS’ INSURANCE FUND
- **Court:** Supreme Court of Pennsylvania
- **Decided:** November 6, 2002
- **Citations:** 570 Pa. 464; 810 A.2d 99; 2002 Pa. LEXIS 2311
- **Precedential status:** Published
- **Opinion:** Concurrence by Nigro
- **Judges:** Zappala, Cappy, Castille, Nigro, Newman, Saylor, Eakin
- **Cited by:** 36 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/9701492

## How later opinions describe it (automated extraction)

- 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 …
- noting that in the absence of legislation, courts have independent authority to discern public policy

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9701492. Public record. Not legal advice.