Ariz. high court upholds benefits for migrant workers
The Associated Press
PHOENIX - Court rulings that employees can receive benefits for on-the-job injuries even if they are illegal immigrants will be allowed to stand.
The state Supreme Court refused to hear an appeal from a business
that had argued that federal laws against illegal immigration and the hiring
of illegal immigrants
pre-empt Arizona laws that make all workers - legal or not -
eligible for workers' compensation.
The high court's order, announced yesterday, was issued without comment.
The action comes amid political and legal grappling in Arizona
over services for immigrants, including an Aug. 21 ruling by the Supreme
Court that the state may be
responsible for the costs of caring for indigent immigrants
even after they have been moved out of acute-care wards.
In the workers' compensation case, the state Court of Appeals
ruled May 29 that Fermin Torres was eligible for coverage for eye and cheek
injuries suffered in a 2001
accident during his first week of work at Tiger Transmissions,
a Lee Myles Transmission Shops franchisee.
Tiger said Torres' inability to work legally in the United States precluded him from receiving workers' compensation benefits.
The business cited a 1986 federal immigration law and a 2002
U.S. Supreme Court ruling that barred a federal agency from awarding back
pay to an illegal immigrant
who had been laid off while doing union organizing.
If allowed to stand, an administrative law judge's ruling in
favor of Torres "condones and encourages further violations of federal
immigration law and policy," the
business argued.
The Court of Appeals upheld the judge and said the U.S. Supreme Court's ruling didn't apply to workers' compensation benefits.
Also, disqualifying migrant workers from workers' compensation
benefits would create an incentive for a business to hire them, "knowing
that it would not be
responsible for their injuries," Judge Cecil B. Patterson Jr.
wrote for a three-judge panel.
In addition, the appellate judges said Tiger violated federal immigration law by not verifying Torres' immigration status.