DOVER, Del. — A state panel erred in concluding that a woman who was injured on the job remained entitled to disability benefits because she is in the country illegally and has been unable to find other work, the Delaware Supreme Court said Tuesday.
A three-judge panel declared that a person’s status as a worker living in the country illegally is not relevant in determining whether she is presumed to be a “displaced worker.”
The justices reversed a Superior Court ruling that upheld the state Industrial Accident Board’s determination last year in favor of Magdalena Guardado. The Superior Court was ordered to remand the case to the IAB for a new hearing.