VOL. 130 | NO. 63 | Wednesday, April 1, 2015
Judge Strikes Law Limiting Workers' Comp to Undocumented
SHEILA BURKE | Associated Press
NASHVILLE, Tenn. (AP) – A Nashville judge has ruled that a state law that limits the amount of workers' compensation benefits undocumented workers can receive is unconstitutional.
The ruling stems from the case of a Guatemalan man whose left arm was severely injured when he fell and it was run over by a lawnmower.
In a ruling issued Thursday, Davidson County Chancellor Russell Perkins said the U.S. Constitution gives the federal government the authority to set immigration policy and not the state legislature.
As a result, Perkins said 39-year-old Carlos Martinez was entitled to nearly $45,000 in benefits.
It's not clear whether the state will appeal.
Brian Dunigan, an attorney who represented Martinez, said this was a test case to see if the law could be overturned.
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