Close

Eleazar Ortiz v. WCAB- Does An Employer In Pennsylvania Have To Show Job Availability To Suspend An Unauthorized Alien’s Temporary Total Disability Benefits Under The Pennsylvania Workers’ Compensation Act ?

No! In Eleazar Ortiz v. WCAB, the Commonwealth Court of Pennsylvania held that Claimant’s status as an undocumented alien does not preclude the award of temporary total disability benefits under the Pennsylvania Workers’ Compensation Act. However, if an employer wants to suspend a claimant’s TTD, it does not have to show job availability under a case called Reinforced Earth. Once an undocumented worker, who is receiving TTD benefits, is released to any type of work, it is his or her immigration status which is causing the loss of earning power, not the work-related injury, and thus, a suspension of wage loss benefits is warranted.

[Note– suspension deals with wage loss benefits only, not medical.  To end medical benefits, a termination must be granted by the Work Comp Judge.]

For injured workers who are working in Pennsylvania lawfully, the employers have a heightened burden when attempting to suspend a claimant’s wage loss benefits. They must prove that an actual job offer was made within the claimant’s restrictions and that the injured worker failed to follow up in good faith, (see Kachinski 4 pronged analysis) or they must show that work is generally available under the Labor Market Survey principles in the Act and commensurate case law. There are some instances where suspensions are automatic such as when a claimant fails to return the LIBC forms within 30 days or a return to work at earnings equaling or exceeding the pre- injury average weekly wage.

As an attorney for injured workers in Pennsylvania Work Comp cases, I disagree with this Decision. If you are going to allow unauthorized workers to receive TTD benefits as a public policy exception, you should not then change up the standard when it comes to proving a loss of earning power post-injury. That being said, the Decision could have been worse- at least TTD benefits have survived in these circumstances.

For more information about How Pennsylvania Workers’ Comp Works, call or email Certified Work Comp Specialist Michael W. Cardamone  at (215) 206-9068 for a Free Consult 7 Days A Week

Awards & Recognitions

Pennsylvania Workmans Comp Attorney
Philadelphia Workmans Comp Lawyer

Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases

Client Testimonials

"Best Law Firm around!"

"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
Google Reviews
"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

- A. Ortiz
Google Reviews
"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
Google Reviews
"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
Google Reviews
"Highly recommend."

"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

- Danielle P.
Google Reviews
"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
Google Reviews
Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
Google Reviews