Del. judge upholds termination of illegal worker’s disability pay
(AP) – A Delaware judge has upheld a state panel's decision terminating the disability benefits of a woman who is in the country illegally and was injured at work.
The ruling follows the state Supreme Court's 2016 reversal of a court decision upholding the Industrial Accident Board's determination that she was entitled to disability benefits.
The board found that Magdalena Guardado, who worked at a cheese factory, was a "displaced worker" because of her undocumented status.
The Supreme Court sent the case back to the board, saying immigration status is not relevant in determining whether a person is presumed to be a displaced worker.
After a rehearing, the board said there were jobs available within the woman's capabilities and she was no longer entitled to benefits.
A judge upheld that decision Wednesday.