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Court upholds termination of undocumented worker’s benefits

September 14, 2018

DOVER, Del. (AP) — Delaware’s Supreme Court has upheld a judge’s decision terminating the disability benefits of a woman who is in the country illegally and was injured at work.

In a two-sentence order issued Friday following oral arguments Wednesday, the court rejected Magdalena Guardado’s claim that the state Industrial Accident Board erred in terminating her total disability benefits last year, and that a Superior Court judge wrongly upheld that decision this year.

At issue in the case was whether Guardado’s former employer had adequately established that there are jobs available for her, given various limitations that have resulted in her being designated a “displaced worker.”

Under Delaware law, a displaced worker is entitled to disability benefits if he or she suffers a compensable injury and faces significant challenges in finding regular employment opportunities.

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