A decision by New York's highest court that an undocumented alien worker cannot receive certain workers' compensation benefits requiring vocational training will have a widespread effect in the state, according to the plaintiff attorney on the case.

While the ruling will not impact an undocumented worker's basic right to compensation for injuries, there is an effect on those who seek additional benefits, as in the case just decided, according to Joel Gluck, who represented the plaintiff.

"It does affect quite a substantial number of [undocumented] people. Many work in industries that are hazardous, and the employers on many occasions are not safety-oriented," said Mr. Gluck.

The 5-2 decision by the New York Court of Appeal on June 26 in Albany ended a six-year legal battle in the case of Ronnie Ramroop v.Flexo-Craft Printing Inc. et al.

In 1995, Mr. Ramroop, a Guyanese immigrant, suffered a crushed hand in a printing press at Flexo-Craft in Brooklyn, losing two fingers on his right hand and undergoing seven operations. The Workers' Compensation Board awarded him 244 weeks of benefits to run from March 29, 1995 to Jan. 18, 2000.

Meanwhile, in 1997, Mr. Ramroop was interviewed and evaluated by the board's Office of Rehabilitation and Social Service for vocational purposes, and was eventually referred to the New York State Education Department's Office for Vocational and Educational Services for Individuals with Disabilities (VESID).

VESID found that he was ineligible for services because he is an undocumented alien without a green card or work authorization visa who, under federal law, could not be referred for employment.

In July 2002, two years after his benefits ran out, Mr. Ramroop sought to reopen his case and receive additional compensation.

A workers' comp law judge awarded him another year of benefits at $200 a week–a decision that the State Insurance Fund appealed to the Workers' Compensation Board, which reversed the judgement and ordered another hearing. The judge, after a hearing, reinstated the award, and the board once again rejected it.

The New York Appellate Division backed the board, finding that because Mr. Ramroop was an undocumented alien, he was ineligible for U.S. employment, and his loss of earning capacity was not solely attributable to his injury.

In its decision, the majority of the Court of Appeal said that while compensation benefits have been held to be available to injured workers who cannot demonstrate legal immigration status, the section of state worker' comp law requiring participation in a retraining and rehabilitation program for additional benefits was clear.

Restoring the award "would effectively place the instant claimant, and others similarly situated, in a more favorable position than claimants who must meet all statutory requirements," the court said.

Mr. Gluck said that even though the decision did not rule out benefits for undocumented workers, it affects many who seek the additional compensation.

"There have been similar cases–I've seen one or two already," he related, adding that the New York comp system has "many, many undocumented injured each year."

He noted that he has "an almost identical case with a vinyl record press operator whose hand was badly mangled. He's in exactly the same position [as Mr. Ramroop]–no green card and no work authorization."

Special Reports /

N.Y. High Court Comp Decision Has Big Impact, Lawyer Says

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