Moyera v. Quality Pork Int'l
Annotate this CaseIn this workers' compensation case, Employee, an illegal alien, was injured in an accident during the course of his employment with Employer. Employer's insurance carrier subsequently informed Employer that it would terminate payments for Employee's temporary partial disability benefits and start paying permanent partial disability benefits. Employer then determined that Employee did not have proper immigration documents and discharged Employee. A judge found that Employee had sustained a permanent total disability (PTD) and awarded Employee benefits for permanent loss of earning power. The Supreme Court affirmed, holding (1) the Nebraska Workers' Compensation Act covers illegal aliens under a contract of hire with a covered employer in Nebraska; (2) the Act does not preclude an award of PTD benefits for illegal aliens; and (3) the trial judge was not clearly wrong in finding that Employee's injury resulted in pain that interfered with his ability to perform the work he had previously performed.
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