Delaware Valley Field Services v. Saul Melgar-Ramirez, No. 556,2012 (Del. 2013)

Seitz Ross, working pro bono, represented the American Civil Liberties Foundation of Delaware as amicus curiae in connection with an appeal to the Delaware Supreme Court concerning whether an undocumented worker injured on the job was entitled to workers' compensation benefits under Delaware's Workers' Compensation Act.  The Industrial Accident Board had awarded workers' compensation benefits to the injured worker and the Superior Court affirmed.  When the employer appealed to the Delaware Supreme Court, Seitz Ross filed an amicus brief urging affirmance, arguing that federal immigration law does not preempt Delaware's statutory scheme for workers' compensation.  Among other things, the brief argued that making workers' compensation benefits available to legal and undocumented workers alike is important in order to reduce the incentive for unscrupulous employers to exploit and use undocumented workers.  On February 5, 2013, the Delaware Supreme Court issued an order affirming the Superior Court's ruling in favor of the injured worker.

Read the amicus brief.

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