Torts, Insurance and Compensation Law Weblog

On June 2, 2008 the Court of Appeals will hear arguments in Ramroop v. Flexo-Craft Printing, Inc. on appeal from the Appellate Division – Third Department. This case involves a claimant’s right to ongoing workers' compensation benefits after a scheduled loss of use award of more than a 50% scheduled loss of use to an arm, leg hand or foot.

Mr. Ramroop was found to have a 75% scheduled loss of use of a hand. He received that award and was seeking to obtain additional benefits under §15(3) (v) of the Workers' Compensation Law. In order to obtain those benefits a claimant must be suffering an impairment of earning capacity” “due solely to the injury and must attempt to participate in a rehabilitation program. Mr. Ramroop was not allowed to enter into a rehabilitation program as required under §15(3) (v) of the Workers' Compensation Law in order to obtain the additional weekly benefits because of his status as an undocumented alien. The Workers' Compensation Board found that the claimant’s loss of earnings was not do solely to the injury to be eligible to obtain the §15(3) (v) benefits. It stated that his earning capacity was impaired by his undocumented status that prevents him from being hired in the United States.

A problem with this decision is that encourages the hiring of undocumented workers because they would not be able to be entitled to receive benefits when disabled. Additionally, it is clear that prior to the injury despite the claimant’s status he had an ability to earn money while working. If he did not have such ability prior to the accident he never could have been working to sustain the injury in the first place. Clearly, being undocumented is not an impairment to wage earning in New York State. The decision also runs counter the Court of Appeals in Balbuena v. IDR Realty, LLC which did not impair an undocumented alien’s right to damages so long as there was no fraud in the hiring. The Third Department was also silent as to what would happen to the claimant’s right to benefits if he were to leave the United States and go to a country where he can legally work.

The decision from the Court of Appeals may have a very substantial impact on all of the undocumented aliens working in New York State and their right to collect workers' compensation benefits after sustaining an injury. So far the Workers' Compensation Board has not expanded its bar to paying undocumented aliens to other situations. The decision will have to be watch closely.

Ronald Balter of Caruso, Spillane, Leighton, Contrastano, Ulaner & Savino, P.C. wrote this post.