10-6401 HDV CONSTRUCTION SYSTEMS, INC. and GALLAGHER BASSETT SERVICES, INC., v. LUIS E. ARAGON

State: Florida

Court: Florida First District Court

Docket No: 10-6401

Case Date: 06/28/2011

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA HDV CONSTRUCTION SYSTEMS, INC. and GALLAGHER BASSETT SERVICES, INC., Appellants/Cross-Appellees, v. LUIS E. ARAGON, Appellee/Cross-Appellant. _____________________________/ Opinion filed June 28, 2011. An appeal from an order of the Judge of Compensation Claims. Neal P. Pitts, Judge. Date of Accident: September 25, 2007. Robert D. Pope of McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., Jacksonville, for Appellants/Cross-Appellees. George D. Rotchford of Rotchford & Betancourt, P.A., Jacksonville, for Appellee/Cross-Appellant. CASE NO. 1D10-6401 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

PER CURIAM.

In this workers' compensation case, the Judge of Compensation Claims (JCC) found that the Employer knew or should have known that Claimant (its employee), an illegal immigrant from Mexico, was without the legal right to work in the United States. The JCC further found that notwithstanding this knowledge, the Employer hired and continued to unlawfully employ Claimant, until he was injured in a significant workplace accident. After Claimant suffered injury, the Employer and its workers' compensation carrier (collectively the E/C) attempted to assert, as a defensive matter, Claimant's illegal status so as to defeat a claim for permanent total disability (PTD) benefits. The JCC concluded, based on the

authority of Cenvill Development Corp. v. Candelo, 478 So. 2d 1168 (Fla. 1st DCA 1985), that, because the Employer knew or should have known of Claimant's illegal status prior to his injury, but continued his employment nonetheless, the E/C was precluded from using Claimant's illegal status as a defensive measure

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