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Iowa Supreme Court: Undocumented workers eligible for workers’ comp benefits
Cedar Rapids Gazette ^ | 11/15/2013 | Chelsea Keenan

Posted on 11/17/2013 6:30:08 AM PST by iowamark

The Iowa Supreme Court ruled on Friday that undocumented workers are eligible to receive workers’ compensation benefits.

The case, Staff Management v. Jimenez, wound its way up through the court system after Pascuala Jimenez, an undocumented worker from Mexico, had two hernias while assigned to a job at Proctor & Gamble in Iowa City through temporary employment agency Staff Management.

Before her injury, she worked as a line leader and supervisor, packing shampoo bottles into boxes and placing boxes onto pallets.

In 2007, Jimenez began having abdominal pain and was later diagnosed with two hernias, which required surgery. She continued to have pain and complications after her surgery, which affected her ability to work.

By January 2008, Staff Management fired Jimenez, stating that Jimenz did not have authorization to work in the United States. The temp agency said it was notified in November 2006 through E-Verify, a federal program that verifies employment authorization, that her name and social security number did not match with social security records.

Jimenez and Staff Management were at odds over the decision for her termination. Jimenez claimed it was because of her injury, while the temp agency said it was due to her undocumented worker status.

Jimenez’s health problems persisted and in July 2009, claiming that her persistent problems stemmed from her initial surgery, she applied for workers’ compensation benefits. A deputy workers’ compensation commissioner ordered Staff Management to pay for her medical expenses and future medical care, but the temp agency appealed the ruling, stating that Jimenez was ineligible for benefits under the Iowa Workers’ Compensation Act because she was an undocumented worker.”

The case eventually made its way to the Supreme Court, which ruled that an undocumented worker is within the state’s meaning of an employee, that ”an employment contract with an undocumented worker does not inherently have an illegal purpose, and it is [ed. not] void as illegal merely because the contract is with an undocumented worker,” and that the Immigration Reform and Control Act, which makes it unlawful for employers to hire undocumented workers, does not preempt Iowa workers’ compensation law.


TOPICS: Business/Economy; Culture/Society; Politics/Elections; US: Iowa
KEYWORDS: amnesty; illegals; immigration

1 posted on 11/17/2013 6:30:08 AM PST by iowamark
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To: iowamark

Cancer


2 posted on 11/17/2013 6:33:08 AM PST by ronnie raygun (todays truths are yesterdays conspiracies)
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To: iowamark

It looks like we need to start randomly “piss testing” our so called judges.


3 posted on 11/17/2013 6:34:05 AM PST by FlingWingFlyer (Repeal ObamaScam NOW!!!)
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To: iowamark

NEVER! Never ever hire a Mexican crew to work on your home. Especially for roof or paint work - anything involving ladders, heavy lifting or anything like that.

If they do not have Worker’s Compensation insurance they can sue you and put a lien on your home, too.

If I have anyone work on my home I make them show me a copy of their insurance policy first, and I never hire illegals no matter how cheap they are.


4 posted on 11/17/2013 6:37:27 AM PST by Gaffer
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To: iowamark
Workmans comp is the biggest camels nose under the (I dont have any illegals working for me.snicker snicker/S) Big operation/Corporations tent. They can now pray to the tort lawyers that smell back pain.
5 posted on 11/17/2013 6:37:34 AM PST by bdfromlv (Leavenworth hard time)
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To: iowamark

This country is lost. The cancer of liberalism and its parasitic practioners and supporters have destroyed it and any hope for restoration to its former greatness.


6 posted on 11/17/2013 6:38:27 AM PST by Common Sense 101 (Hey libs... If your theories fly in the face of reality, it's not reality that's wrong.)
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To: iowamark
Seems like "undocumented workers" are gaining all the rights that citizens have, EXCEPT PAYING TAXES.

Where do I sign up?

7 posted on 11/17/2013 6:40:43 AM PST by ZOOKER (Until further notice the /s is implied...)
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To: iowamark


8 posted on 11/17/2013 6:41:42 AM PST by Iron Munro (When a killer screams 'Allahu Akbar' you don't need to be mystified about a motive.)
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To: iowamark

National suicide by courts.


9 posted on 11/17/2013 6:44:11 AM PST by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: All
JUST WONDERING: how many identities will they use to collect W/C?

PEW REPORT The US is the most important source of remittances to Latin America, accounting for 3/4's of last year's $52.9 billion total. -- wire transfers of US tax dollars accounted for the highest percentage of GDP in El Salvador (16.5%), Honduras (15.7%) and Guatemala 10%).-- The US is No. 1 nation from which illegals' wire transfers originate, sending $123.3 billion abroad in 2012.

FUN-FILLED FACTS Amazing how much discretionary income these low-wage illegals send back home....illegals barely eking out an existence on sub-minimum wages, in jobs like lawn-mowing and hamburger serving.

ANOTHER FUN-FILLED FACT A latino woman residing in California, who spoke not a word of English, had a $100,000 nest egg and lived in a paid-up $100,000 home. She was on TV b/c she lost the nest egg to a father/son con game. The conmen were also latinos who got filthy rich preying on non-English speaking latinos in low-paying jobs who had thousands of dollars to invest.

===========================================

THE DOMINICAN REPUBLIC is a Caribbean nation notorious for corrupt governments. US politicians' frequent the DR "amenities" at its posh resorts; rock stars and celebrities relax at luxe villas spending big bucks there.

NOTE Recent travel brochures report that the DR has no safety net or state-sponsored job creation for its largely impoverished citizenry.

THIRD WORLD MONEY LAUNDERING IN AMERICA The one million Dominican citizens currently living illegally in the US send home about a billion US dollars annually---which is considered by the corrupt do-nothing DR govt to be a major source of state revenue. A steady exodus leaves for US shores lured by the endless US gravy train. Money laundering is rampant in the form of Dominican here on food stamps/welfare. etc, laundering EBT cards through corrupt grocers--- where cash is handed out from EBT cards, then sent to the DR.

THE MODUS OPERANDI (1) using multiple identities, and, (2) falsifying official Govt documents. The scam up-close---getting food stamps (which they apparently do not need), using EBT cards for food, and shipping EBT food to the Third World where the food is sold for profit.

===============================================

NY POST EXCLUSIVE REPORT New York food stamp recipients ship welfare-funded groceries to Jamaica, Dominican Republic, Haiti....and so on. Tax-subsidized food stamps are paying to buy and ship food to Jamaica, Haiti and the Dominican Republic....where the food is sold for profit.

A spokeswoman for the US Dept of Agriculture’s Food and Nutrition Service said the $86 BILLION welfare program is reserved for poor US households that buy and prepare food. "States should intervene if people are caught shipping non-perishables abroad", she said.

A senior fellow at the Cato Institute called it another example of welfare abuse. “The purpose of this program is to help Americans who don’t have enough to eat. This is not intended as a form of foreign aid.” As an example, US taxpayers spent $522.7 million on foreign aid to the Caribbean last fiscal year, govt data show.

HERE'S HOW The "needy connivers" buy barrels available in supermarkets in latino enclaves---then ship them filled with $500 to $2,000 worth of EBT-paid groceries to Third World---where the groceries are sold for cash.

===============================================

Pioneer Supermarket, Brooklyn sells blue plastic
barrels for $40 each used to ship food bought e/ tax-subsidized EBT cards to the Caribbean.

10 posted on 11/17/2013 6:46:32 AM PST by Liz
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To: Gaffer

“NEVER! Never ever hire a Mexican crew to work on your home. Especially for roof or paint work - anything involving ladders, heavy lifting or anything like that.”

That’s a fact. Besides, they are notoriously sloppy workers (i.e., they do a sloppy, half-assed job).


11 posted on 11/17/2013 7:09:40 AM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: Gaffer
"Never hire a Mexican crew"

You should make sure the company you hire has workmans comp insurance and liability insurance. There are a lot of companies without insurance, whether they are Mexicans or whites or blacks, especially in home construction and repair. Most of them will lie to you about their insurance. Say an electrician or a plumber has to get his license renewed each year and the city board requires that he have a bare minimum of liability so they pay the insurance company to get the policy in force to get the license renewed then stop making their monthly payments and the policy lapses. Asking the guy to show you his insurance policy is not adequate. Insist that his insurance agent send you a proof of insurance certificate.

Most homeowners don't do this because they have homeowners insurance.

12 posted on 11/17/2013 7:10:21 AM PST by Ben Ficklin
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To: iowamark

How far is this from a (so far) mythical headline, “People Who Never Bought Life Ins Entitled to Death Benefits”?


13 posted on 11/17/2013 7:10:28 AM PST by muir_redwoods (Don't fire until you see the blue of their helmets)
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To: iowamark
Good. The state should go after the businesses for the money.

Take away the incentive to come here as an illegal.

And if the taxpayers are stupid enough to continue to allow BS like this to continue.......they get and deserve everything they vote for.

14 posted on 11/17/2013 7:13:06 AM PST by Repeat Offender (What good are conservative principles if we don't stand by them?)
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To: iowamark

I would think if you were here illegally you wouldn’t be able to benefit or profit from that act under the law.But then again I’m not a lawyer so I guess under this line of reasoning a bank robber can keep the cash since he “earned” it practicing his profession.


15 posted on 11/17/2013 7:14:13 AM PST by bonehead4freedom
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To: iowamark

I have no doubt that the courts will rule that illegal aliens have a right to subsidized health care under Obamacare, also. So there goes another Obama “promise.”


16 posted on 11/17/2013 7:50:02 AM PST by djpg
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To: iowamark

The problem with some of these judges, is that they don’t have a healthy fear of the Citizens.


17 posted on 11/17/2013 8:42:02 AM PST by DoughtyOne (Obama, the Democrat Party, the Left in the U. S., have essentially become the 4th Reich.)
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To: iowamark

Michoacán Supreme Court: Undocumented illegal American workers eligible for Mexican workers’ comp benefits


18 posted on 11/17/2013 8:52:09 AM PST by bunkerhill7 ("The Second Amendment has no limits on firepower"-NY State Senator Kathleen A. Marchione.")
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To: iowamark
I can't tell if the temp company was paying for UI and WC.

P&G would not pay it, since this babe was hired through a temp firm.

If the temp firm was paying for UI and WC, and passing on the charges to P&G, then we have another angle to discuss.

Am curious why eVerify showed her as a legal worker in the first place ...

19 posted on 11/17/2013 9:51:46 AM PST by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
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To: iowamark

This is on the employers. Hire Illegals? Then pay up.


20 posted on 11/17/2013 11:44:48 AM PST by Mike Darancette (Do The Math)
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To: iowamark

“The temp agency said it was notified in November 2006 through E-Verify,”

Liars...they would know IMMEDIATELY if they ran her information. They are just trying to cover their butt by hiring ILLEGALS...


21 posted on 11/17/2013 11:50:04 AM PST by kcvl
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To: texas booster
Am curious why eVerify showed her as a legal worker in the first place ...

eVerify found in 2006 that 'her name and social security number did not match with social security records'. They kept hiring her out anyway so the temp agency is screwed.

22 posted on 11/17/2013 11:51:25 AM PST by Mike Darancette (Do The Math)
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