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[J-113-2002] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

THE REINFORCED EARTH COMPANY, : : : : : v. : : : WORKERS' COMPENSATION APPEAL : : BOARD (ASTUDILLO), : APPEAL OF: THE REINFORCED EARTH : COMPANY AND STATE WORKERS' : INSURANCE FUND : :

No. 124 MAP 2000 Appeal from the Order of the Commonwealth Court of Pennsylvania dated April 12, 2000 at No. 2796 C.D. 1999 affirming the order of the Workers' Compensation Appeal Board affirming the order of the Workers' Compensation Judge 749 A.2d 1036 (Pa. Cmwlth. 2000) ARGUED: November 13, 2001 RESUBMITTED: June 3, 2002

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

MR. JUSTICE CAPPY

Decided: November 6, 2002

In this appeal of The Reinforced Earth Company and its insurer, the State Workers' Insurance Fund (collectively, "Reinforced Earth") we consider: (1) whether the Commonwealth Court erred in holding that public policy does not exclude the appellee, Juan Carlos S. Astudillo ("Claimant"), an unauthorized alien, from receiving relief under the Pennsylvania Workers' Compensation Act1; and (2) assuming Claimant's eligibility to receive benefits in the first instance, whether the Commonwealth Court's decision that Reinforced Earth failed to establish that it is entitled to a suspension of the benefits awarded him is contrary our holding in Banic v. Workmen's Compensation Appeal Bd.

1

Act of June 2, 1915, P.L. 736 (as amended 77 P.S.

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Pennsylvania Law