Asylum Co v. District of Columbia Department of Employment Services
10 A.3d 619
| D.C. | 2010Background
- Claimant Palemon Cassarubias Gonzales, undocumented alien, sustained a June 30, 2005 workplace eye injury at Asylum Co.'s restaurant/bar.
- Employer learned of Claimant's undocumented status July 17, 2005 and terminated him; medical advised against return to work.
- Claimant sought workers' compensation; ALJ awarded temporary total disability benefits June 30, 2005–January 26, 2006 and bad-faith penalties for delay in payment.
- CRB upheld all but the average-weekly-wage penalty; disputed whether IRCA preempts wage-loss benefits and whether bad-faith finding supported the penalty.
- Issue central to DC law: whether undocumented aliens are within the Act's coverage and how IRCA interacts with wage-loss penalties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether undocumented aliens are within the Act as employees | Claimant entitled to coverage as employee under broad DC definition. | Undocumented status should exclude from employee definition and benefits. | Undocumented aliens are within the Act's employee definition. |
| What caused Claimant's wage loss July 17, 2005–January 26, 2006 | Injury-driven disability caused wage loss despite termination. | Loss resulted from termination due to undocumented status under IRCA. | Wage loss was due to work-related injury, not termination. |
| Does IRCA preempt the Act's average-weekly-wage penalty | IRCA does not preempt wage-loss award or penalties under the Act. | IRCA preempts Wage penalties or prevents paying wages to undocumented workers. | IRCA does not preempt the average-weekly-wage penalty; award stands remanded for bad-faith analysis. |
| Is the average-weekly-wage penalty properly imposed given bad-faith delay findings | CRB properly affirmed bad-faith penalty under Bivens framework. | ALJ and CRB failed to properly assess good-faith evidence and burden-shifting. | Average-weekly-wage penalty cannot be sustained on this record; remand for full bad-faith analysis. |
Key Cases Cited
- Dowling v. Slotnik, 712 A.2d 396 (Conn. 1998) (undocumented aliens may be within workers' compensation coverage to effect public policy)
- Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (S. Ct. 2002) (preemption analysis: backpay awards vs. IRCA implications for undocumented workers)
- Georgetown Univ. Hosp. v. District of Columbia Dep't of Employment Servs., 929 A.2d 865 (D.C. 2007) (liberal construction to effect humanitarian purposes of workers' compensation)
- District of Columbia v. American Univ., 2 A.3d 175 (D.C. 2010) (interpretation of administrative agency interpretations given deference)
- Madeira v. Affordable Housing Found., Inc., 469 F.3d 219 (2d Cir. 2006) (IRCA and workers' compensation interact with undocumented workers)