[Download] "Cherokee Industries, Inc. v. Alvarez" by Division III Court of Civil Appeals of the State of Oklahoma ~ eBook PDF Kindle ePub Free
eBook details
- Title: Cherokee Industries, Inc. v. Alvarez
- Author : Division III Court of Civil Appeals of the State of Oklahoma
- Release Date : January 23, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Mandate Issued: 01/29/2004 __ P.3d __ PROCEEDING TO REVIEW AN ORDER OF THE WORKERS' COMPENSATION COURT HONORABLE CHERRI FARRAR, JUDGE SUSTAINED 1 Isac Alvarez worked as a cleaner for Cherokee Industries, Inc. He first injured his back while working for Cherokee Industries September 6, 2001. He re-injured his back December 13, 2001 and March 20, 2002 in the course of his employment. He first filed his workers' compensation claim July 17, 2002 and re-filed September 3, 2002 to include the third injury. As the claim progressed, it was discovered that Alvarez was an unauthorized (falsely documented) alien worker. Cherokee Industries then argued that no benefits should be paid. The Workers' Compensation Court awarded Alvarez temporary total disability benefits and reserved the question of permanent disability. We sustain. 2 Petitioners first contend that Alvarez is an illegal alien who provided false documents to procure his employment in violation of the Immigration Reform and Control Act of 1986 and that therefore the employment contract was void ab initio, depriving Alvarez of entitlement to any benefits under the Workers' Compensation Act. They next argue that even if they are estopped from asserting their first contention as a defense, that Alvarez is not entitled to TTD benefits, citing Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137, 122 S.Ct. 1275, 152 L.Ed. 2d 271 (2002). Finally, Petitioners complain that even if Alvarez is entitled to TTD benefits, the TTD period should have been terminated at an earlier date.
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