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High Court Says Employer Can't Cut Off Benefits to Worker Who Wouldn't Admit Immigration Status

By Sherri Okamoto (Legal Reporter)

Wednesday, July 23, 2014 | 0

A fractured Pennsylvania Supreme Court on Monday ruled that an employer can cut off an injured worker's disability benefits by showing that the claimant's loss of earning power was due to his lack of authorization to legally work in the United States. However, the court's three-justice majority said a worker's invocation of his 5th Amendment right against self-incrimination will not, standing alone, furnish sufficient evidence for a suspension of benefits. A workers' compensation judge had used David Cruz's refusal to answer questions about his eligibility for employm...

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