Both sides of a consequential Delaware Supreme Court workers compensation case involving undocumented immigrants say they came out the winner.
Last month, the state’s highest court overruled a lower court decision that said someone receiving disability benefits could use their immigration status to get those checks indefinitely if an employer tried to kick them off.
That’s because some, like Magdalena Guardado, a former cheese plant worker who injured her wrist on the job, argue that no one else would hire them knowing they aren’t legally allowed to work in this country.
The state Supreme Court said that argument doesn’t stand on its own, but can still be considered as one factor to determine whether someone qualifies as a displaced worker.
Lawyer Andrew Carmine argued the case for Guardado’s former employer, Roos Foods. He says the opinion is a win, but it will still be an uphill fight for companies to prove a formerly injured worker can get a new job.
“There’s a much stronger opportunity for the employer to meet their burden of proof because of the Supreme Court’s strong language in the decision, which I think the Industrial Accident Board will rely on in determining that someone is, in fact, practically employable in Delaware despite the fact they’re undocumented,” Carmine said.
Other lawyers aren’t so sure, saying companies won’t hire undocumented workers that have publicly shared their immigration status, meaning they could get disability benefits indefinitely.
During hearings to hash out someone’s eligibility for these benefits, companies must prove that their workers have jobs to choose from in the immediate area based on their skills and potential medical needs.
In past interviews, other workers compensation experts say someone’s immigration status will be the dominant factor in these hearings, which could be a steep hurdle to leap over for employers.
Despite that, Scott Mondell, whose firm represents Roos Foods, says he thinks officials will give equal weight to all evidence presented.
“Adding this one extra hurdle, which is showing that availability for people who are undocumented should be, hopefully, put on an equivalent with other individuals who are documented, appropriate workers who just don’t speak or read or write English,” Mondell said.
A new hearing for Guardado and Roos Foods before the Industrial Accident Board is set for Feb. 27.
