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Employer Bears Burden of Proving Claimant’s Loss of Earning Power is Due to Lack of U.S. Citizenship



by Francis X. Wickersham
Marshall Dennehey Warner Coleman & Goggin, P.C. - King Of Prussia Office

August 5, 2014

Previously published on August 1, 2014

The claimant filed a claim petition alleging that he sustained a work injury on July 19, 2008, while working as a truck driver for the employer. At a hearing held before the Workers’ Compensation Judge, the employer’s attorney cross examined the claimant, who was born in Ecuador and had lived in the U.S. for 10 years, regarding his citizenship status and his ability to work. Claimant’s counsel objected to the line of questioning, but the Judge overruled on the basis that citizenship was relevant. In response to additional questions from the employer, however, the claimant invoked his Fifth Amendment right against self-incrimination.


 

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