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California applicants' attorneys say that even though a worker's right to participate in the workers' compensation system is not contingent upon the worker's legal ability to work in the United States, that doesn't mean their clients don't get asked about their immigration status.San Bruno applicant attorney Kenneth Martinson Gomez said Tuesday that he has had about a half dozen clients complain to him that they were subjected to questioning on their...

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Comments (7):
“Perhaps they could include provisions to make it easier to get medical records from the immigrants home country. It would also be nice if there was provisions forcing the injured worker to provide proof of identity. Some of these injured workers tend to use multiple identities while working more than one workers compensation claim under a different alias. ”
By: Anonymous, 03/05/2014 04:03:28 pm

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“It is relevant if the Social Security number they have is someone elses.”
By: Michelle Thomas, 03/05/2014 04:03:32 pm

“Certainly not to the person having to deal with the identity theft issues. I know someone in construction who had to deal with an IRS and State Franchise Tax Bd audit, penalties, wage garnishment, etc. He was finally able to prove that he couldn't have been working in CA and AZ a the same time and they dropped the issue. He still ended up damaged financially. They ultimately traced it back to a girl in one of the construction trailers her worked out of who was selling the SSNs to someone else. Work using no SSN. Work using someone else's SSN and there should be serious consequences and I frankly think it speaks as much to the ethics and concern of others as it does to their desire to pay for their family. So, it does matter.”
By: Floyd, Skeren Orange, 03/05/2014 07:03:11 pm
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“I have no problem with the illegal employee getting benefits where there is a legitimate injury. However, the issue of return to work causes a problem in that the injured employee could file a FEHA, unlawful discrimination claim while not being legal. There needs to be a mechanizem that allows the legal status of the worker to be questioned in such a way that does not affect the case in chief but does allow for safe harbor to employers for RTW issues.”
By: Stuart Baron, 03/05/2014 05:03:12 pm

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“It would seem relevant to issues of psychiatric apportionment - for instance, if a person is afraid that their immigration would prevent them from getting another job and this affects their depression/anxiety then it is relevant. Also, undocumented status is itself stressful. This stress cannot be divorced from the case.”
By: Mark Fletcher, 03/11/2014 10:03:32 pm

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“I think that issue is covered by the 5th Amendment US Constitution. It also shows racism, and another answer should be ask my employer. Especially, if the employer KNEW that the person was undocumented or ill - legally here. This is why employers do not want E Verify so that is why slavery is alive and well these days”
By: Kevin Toscano, 04/04/2014 03:04:13 pm

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“Now maybe someone can hold the employer liable using LC 132a”
By: Kevin Toscano, 05/14/2014 11:05:36 pm

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