Court rules against undocumented man seeking lost wages after job injury
A Mexican man who injured his back while working on a masonry project in Indiana was dealt a legal setback Thursday in his efforts to force the contractor to pay his lost future earnings at the U.S. pay rate rather than the rate in his home country.
In a 2-1 decision, the Indiana Court of Appeals ruled Noe Escamilla, 29, won’t be able to able to call two witnesses to argue the claim or avoid having the company bring up his immigration status at trial. Escamilla, who sued Indianapolis construction company Shiel Sexton, has been living in the U.S. without legal permission since he was a teenager.
The judges found that his immigration status is relevant to his lost earnings claim if he “claims lost earning capacity in United States wages” and his “immigration status leaves him with any risk of deportation.”
http://latino.foxnews.com/latino/ne...ntcmp=ob_article_footer_text&intcmp=obnetwork
How can he file in court openly as an illegal and not be deported?
A Mexican man who injured his back while working on a masonry project in Indiana was dealt a legal setback Thursday in his efforts to force the contractor to pay his lost future earnings at the U.S. pay rate rather than the rate in his home country.
In a 2-1 decision, the Indiana Court of Appeals ruled Noe Escamilla, 29, won’t be able to able to call two witnesses to argue the claim or avoid having the company bring up his immigration status at trial. Escamilla, who sued Indianapolis construction company Shiel Sexton, has been living in the U.S. without legal permission since he was a teenager.
The judges found that his immigration status is relevant to his lost earnings claim if he “claims lost earning capacity in United States wages” and his “immigration status leaves him with any risk of deportation.”
http://latino.foxnews.com/latino/ne...ntcmp=ob_article_footer_text&intcmp=obnetwork
How can he file in court openly as an illegal and not be deported?