Delaware Valley Field Services v. Ramirez
105 A.3d 396
| Del. Super. Ct. | 2012Background
- Ramirez sustained a work injury in January 2011 and began total disability benefits.
- He was deported to Honduras in March 2011 and is now excluded from the U.S.
- He previously provided a false Social Security number and other false employment papers to become an employee.
- The Delaware Industrial Accident Board (IAB) awarded benefits and deferred termination despite his illegal status.
- DVFS argued IRCA preempts Delaware law and that false pretenses void the employment or disqualify benefits.
- The Court held Ramirez remains an employee and is eligible for benefits; deportation/exclusion does not suspend benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Ramirez an employee under Delaware's Act despite illegal status? | Ramirez falls within 'every person' and is not excluded by statute. | Illegal status plus fraudulent inducement voids coverage and benefits should be denied. | Ramirez is an employee under the Act. |
| Does IRCA preempt Delaware's workers’ compensation scheme for an undocumented worker? | IRCA does not preempt state benefits for undocumented workers. | IRCA preempts state benefits and should bar Ramirez's award. | IRCA does not preempt Delaware workers’ compensation benefits. |
| Does deportation/exclusion constitute incarceration warranting suspension of benefits? | Exclusion is different from incarceration; benefits should continue. | Exclusion should suspend benefits under the Act. | Exclusion is not equivalent to incarceration; benefits not suspended. |
| Does Ramirez’s inability to attend an employer-arranged medical exam for treatment defeat benefits? | There is no true refusal to undergo examination; cost/availability are unproven. | Inability to obtain exam in Honduras supports termination or suspension. | No termination or suspension due to lack of local exam; no refusal proven. |
Key Cases Cited
- Asylum Co. v. District of Columbia Dep’t of Employment Services, 244 Conn. 781, 712 A.2d 396 (Conn. 1998) (illegal alien can be an employee under broad definition)
- Dowling v. Slotnik, 712 A.2d 401 (Conn. 2000) (IRCA does not preempt state workers’ compensation)
- Madeira v. Affordable Housing Foundation, Inc., 288 N.J. Super. 240, 672 A.2d 221 (N.J. Super. Ct. App. Div. 1996) (IRCA not preemptive of state workers’ compensation)
- Air Mod Corp. v. Newton, 469 F.3d 219 (2d Cir. 2006) (forfeiture tests do not apply to immigration misrepresentation here)
- Granados v. Windson Dev. Corp., 509 S.E.2d 292 (Va. 1999) (immigration misrepresentation insufficient to bar benefits)
- Rajeh v. Steel City Corp., 157 Ohio App.3d 722, 813 N.E.2d 697 (Ohio App. 2004) (foreign exclusion not equal to incarceration for suspension)