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Title: Court: Illegal Immigrant Eligible For Workers Compensation
Source:
Associated Press
URL Source: http://www.thewbalchannel.com/health/4965649/detail.html
Published: Sep 14, 2005
Author: Associated Press
Post Date: 2005-09-14 13:01:38 by Brian S
Keywords: Compensation, Immigrant, Eligible
Views: 99
Comments: 4
ANNAPOLIS, Md. -- Maryland law providing compensation for on-the-job injuries applies to illegal immigrants even if they are not lawfully employed, the Court of Appeals ruled Monday. Six of the seven judges on the state's highest court joined in the majority opinion that said the workers compensation law does not specifically mention whether status as an undocumented worker affects an employees ability to be compensated if injured at work. The majority noted that the law specifies that it should be "construed as liberally in favor of injured employees as its provisions will permit in order to effectuate its benevolent purposes" and that "any uncertainty in the law should be resolved in favor of the claimant." The opinion by Chief Judge Robert Bell said there is no doubt the "clear and unambiguous language of (the law) encompasses undocumented aliens." In his dissent, Judge Glenn T. Harrell said the majority ignored a section of the law specifying that it covers minors even if they are not legal employees. He said that by specifically granting coverage to minors who are illegally employed, the legislature implied that the law was not intended to apply to adults who are also illegally employed.
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#1. To: Brian S (#0)
Does that mean if a burglar trips and falls in a house he is robbing, he is entitled to workman's comp?
"" it should be "construed as liberally in favor of injured employees as its provisions will permit in order to effectuate its benevolent purposes" and that "any uncertainty in the law should be resolved in favor of the claimant."" According to the JUDGES what you are concluding is correct. So, now we know where one of the problems with the "system" exists.
Okay, so let me get this straight. You're a home owner. This burglar breaks into your house. He slips on a rug, barks his shin, breaks his wrist. You discover him, you have your gun, and you call the police. The burglar can now not only get worman's comp, but can also sue you for a hostile work environment.
#2. To: alpowolf (#1)
To: Brian S Does that mean if a burglar trips and falls in a house he is robbing, he is entitled to workman's comp?
#3. To: StarShadow (#2)
 | So many morons, so few bullets. |
#4. To: TommyTheMadArtist (#3)
and will win both. . you would be better off claiming no lights were on and you fired blindly into the darkness after hearing a stranger threaten you and take a plea to manslaughter... cheaper too.
The burglar can now not only get worman's comp, but can also sue you for a hostile work environment.
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