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Employer Can't Reduce Benefits to Undocumented Worker Despite Alleged Wage-Earning Capacity

Tuesday, December 5, 2017 | 533 | 0 | 151 min read

A Louisiana Court of Appeal ruled that an employer was not entitled to a reduction in a worker’s benefits based on his post-accident weekly wage-earning capacity where the worker lacked legal authorization to hold a job in the United States, and the employer had presumably been aware of that fact when it hired him. Case: Perdomo v. RKC, No. 17-CA-112, 11/29/2017, published. Facts: Candido Perdomo suffered multiple crush injuries when he was pinned under a garbage truck on May 11, 2010, after the collapse of a road. His employer, RKC, admitted that Perdomo was performing serv...

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