An Indiana Court of Appeals panel, in a split decision, ruled Thursday that any jury award to an injured worker who had no legal right to work in the United States must be based on his earning potential in Mexico, not the U.S.
Case: Escamilla v. Shiel Sexton Co., 54A01-1506-CT-602, 03/31/2016
Facts: Noe Escamilla was injured in December 2010 by slipping on ice while trying to lift a heavy piece of stone. Doctors permanently restricted Escamilla from lifting more than 20 pounds, meaning he can no longer work as a masonry laborer.
Escamilla had moved to the U.S. with his parents when he was a...
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