tag:blogger.com,1999:blog-12703782.post3631669162424601908..comments2020-04-11T03:30:02.282-05:00Gary R. Welshhttp://www.blogger.com/profile/15185079937305083438noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-12703782.post-17628870318156214672016-04-02T07:26:24.558-05:002016-04-02T07:26:24.558-05:00If he was in Mexico,instead of being here illegally ,he wouldn't have fallen on the ice. Case dismissed.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-5133316050865788282016-03-31T16:42:00.414-05:002016-03-31T16:42:00.414-05:00With time on my hands and no dog in the matter I'm thinking that the loss of the Indiana law blog is a serious matter for being a blow against the public having a reliable source of information. What happened in this instant case to workman's compensation being a barrier to other recoveries? I am pretty sure the worker's paycheck was tapped to pay for that "Insurance". Too, the obligation of the employer to provide a safe working place ought not depend upon the nationality of the human being injured by some corner cutting business entity. Of course, having noted that, much of OSHA is ex post facto and cobbled together crap that only increases costs to society. Still, construction firms seem to be great offenders of even reasonable practices suggested to them by their own insurance companies. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12703782.post-60002118527151855522016-03-31T16:27:31.851-05:002016-03-31T16:27:31.851-05:00Just to be clear, Escamilla worked for the subcontractor, not the GC, which is the defendant in this suit. I agree that it would seem implausible that his employer didn't know he was undocumented. The GC may not have had knowledge of the legal status of the subcontractor's workers. Gary R. Welshhttps://www.blogger.com/profile/15185079937305083438noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-76319318958721953252016-03-31T16:02:20.132-05:002016-03-31T16:02:20.132-05:00Whatever happened to the "clean hands doctrine." You have to come to Court with clean hands yourself before you go knocking down the opponent for their shortcomings. Isn't this construction firm in violation of local, State and Federal laws and regulations by hiring an illegal immigrant in the first place, and failing to let him go after those facts became known. Now they want lesser damages imposed because of the guy's status, but they obviously knew that. Their hands aren't clean here. Who prosecutes the construction firm? What are their damages? Who will order them to discontinue hiring illegal immigrants? Anonymousnoreply@blogger.com