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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING

Regular Panel Decision

Balbuena v. IDR Realty LLC

Justice Ellerin's dissenting memorandum argues that the Immigration Reform and Control Act of 1986 (IRCA) does not preempt state labor laws concerning an undocumented alien's recovery of lost wages. Ellerin contends that denying such recovery would undermine IRCA's purpose by enabling employers who violate the act to benefit from their unlawful conduct. The dissent emphasizes that Congress did not intend for IRCA to supersede state common law remedies for lost wages in tort actions, citing legislative history. It further asserts that awarding lost earnings to undocumented aliens aligns with state policy and does not significantly impede IRCA's objectives. Therefore, the dissent concludes that New York law should govern, allowing a jury to determine the plaintiff's potential earnings.

Immigration Reform and Control ActIRCA PreemptionUndocumented Workers RightsLost WagesState Labor LawFederal PreemptionEmployer SanctionsTort DamagesSummary JudgmentDissenting Opinion

References

Case No. MISSING

Regular Panel Decision

Sep 08, 2009

Angamarca v. New York City Partnership Housing Development Fund, Inc.

The dissenting opinion argues against the majority's decision that an undocumented alien worker's immigration status is irrelevant to the recovery of future medical treatment costs. Justice Tom states that Balbuena v IDR Realty LLC only addressed lost wages and does not extend to future medical expenses. The dissent contends that preventing the jury from considering the plaintiff's non-resident status and intention to return to Ecuador, where medical costs are lower, leads to an unfair and excessive damage award based solely on U.S. medical costs, which constitutes a windfall for the plaintiff. The dissent advocates for reversal and a new trial on damages for future medical expenses, asserting that public policy does not justify such excessive awards.

Immigration StatusFuture Medical ExpensesUndocumented AlienPersonal InjuryDamagesDissenting OpinionCost of CareEvidence PreclusionJury InstructionBalbuena Precedent

References

Case No. MISSING

Regular Panel Decision

Gomez v. F & T International LLC

This case involves two undocumented construction workers, Gomez and Livicura, who were injured in a demolition accident on February 4, 2005. The property owner, F & T Int’l (Flushing, New York) LLC, and the general contractor, Top 8 Construction Corp., moved to compel further depositions of the plaintiffs regarding their immigration status and income tax returns to mitigate lost wage claims. The court, citing Balbuena v IDR Realty LLC, denied the defendants' motion, ruling that a worker's alien status is irrelevant for lost wage claims when no false documents were used. The court emphasized that the onus of verifying work authorization lies with the employer, not the employee, and highlighted the disingenuousness of employers raising immigration status concerns only after an injury, deeming it an attempt to intimidate plaintiffs.

Construction AccidentUndocumented WorkersLost Wages ClaimImmigration StatusEmployer SanctionsIRCAWorkers' RightsDemolition IndustryPersonal InjuryEmployer Liability

References

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Balbuena v. IDR Realty LLC

Immigration Reform and Control ActIRCA PreemptionUndocumented Workers RightsLost WagesState Labor LawFederal PreemptionEmployer SanctionsTort DamagesSummary JudgmentDissenting Opinion

Angamarca v. New York City Partnership Housing Development Fund, Inc.

Immigration StatusFuture Medical ExpensesUndocumented AlienPersonal InjuryDamagesDissenting OpinionCost of CareEvidence PreclusionJury InstructionBalbuena Precedent

Gomez v. F & T International LLC

Construction AccidentUndocumented WorkersLost Wages ClaimImmigration StatusEmployer SanctionsIRCAWorkers' RightsDemolition IndustryPersonal InjuryEmployer Liability