by Alissa C. Atkins, Esq.

Last Friday, Nebraska’s Supreme Court issued a ruling upholding benefits for an illegal immigrant, Ricardo Moyera, who provided a false name and documents to his employer so that he could get hired. He sought benefits after a significant crush injury to his foot when it was run over by a forklift. Moyera, fake name David Gutierrez, was totally disabled and the employer/insurer denied benefits under a new Nebraska law that disallows vocational training for illegal immigrants (because the employer/insurer should not be forced to pay to retrain someone who cannot legally return to work). The employer argued that if the purpose of workers’ compensation is to return injured employees to work, and Moyera aka Gutierrez could not legally do so, he should not receive benefits. However, the Court confirmed his right to receive benefits and expressed concern that not allowing illegal immigrants to receive workers’ compensation benefits gives a financial incentive to hire illegally. The judges were also convinced that if Moyera/Gutierrez was not entitled to workers’ compensation treatment he would become a burden to taxpayers. Since he was in fact injured at work, the judges granted benefits.