• DE Supreme Court to Decide if Claimant Who Is Illegal Alien Qualifies as Displaced Worker
  • November 11, 2016 | Author: Paul V. Tatlow
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - Wilmington Office
  • In this closely watched case, the Delaware Supreme Court recently heard oral argument on the employer’s appeal. The claimant had suffered a compensable work injury on June 22, 2010, when she slipped on the floor at work and injured her left wrist. She later underwent surgery involving a fusion of the left wrist and was released to light-duty, one-handed work. The employer filed a termination petition, and the evidence before the Board was undisputed that the claimant could do the one-handed, light-duty work. However, the evidence also established that the claimant was an undocumented worker. The Board denied the petition, finding that the claimant qualified as a displaced worker based upon her undocumented legal status, and also because the employer had failed to present a Labor Market Survey showing regular employment opportunities to someone with the claimant’s undocumented worker status.