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Granados v. Windson Development Corporation/ Windson Carpenters Inc.1/28/1997
Argued at Alexandria, Virginia
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Jose Ismael Granados (claimant) appeals from a decision of the Workers' Compensation Commission denying him benefits because he misrepresented his ability to work legally in the United States. Claimant contends that the commission erred in using his "immigration status" to deny him benefits. We affirm the commission's decision.
BACKGROUND
The evidence is uncontroverted. On January 31, 1995, claimant entered into a contract for hire with employer. Claimant speaks Spanish but does not speak or read English. At the time of hire, Cleo Heavener (Heavener), employer's representative, requested claimant to provide a Social Security card and another form of identification as required by the Immigration and Naturalization Services. Claimant produced the requested items and signed an Employment Eligibility Verification Form. Relying on this information, Heavener hired claimant and conducted no further inquiries as to his employment status. All of the information provided was false. Claimant had no valid driver's license, Social Security card, work authorizations, green cards, visas or any other documentation reflecting an eligibility to work in the United States as of February 13, 1995. Claimant testified that he is not, and was not as of February 13, 1995, eligible to work in the United States. This status remained unchanged.
On February 13, 1995, claimant broke his right ankle and was disabled from February 14, 1995 to June 7, 1995, at which time his treating physician released him to light duty work. Because of claimant's illegal work status, he was unable to market his remaining capacity to work. Claimant filed a claim for benefits on February 27, 1995. At the hearing before the deputy commissioner on August 11, 1995, employer asserted that claimant was ineligible to receive disability benefits under the Workers' Compensation Act, because he misrepresented to the employer that he was legally eligible to work in the United States at the time he was hired.
The deputy commissioner found that employer had established the defense of fraud, because claimant "materially misrepresented his employment eligibility by (1) providing a false social security card; (2) providing a false alien immigration card; and (3) signing the Employment Eligibility Verification Form." The full commission affirmed the decision and stated:
"In the final analysis it is clear that [employer] properly relied on the documents presented. Had [the employer] been aware of claimant's true alien status, he would not have hired him. The claimant cannot now complain that the employer was taken in by the forged documents which he presented to obtain his employment."
Additionally, the commission found as follows:
" he claimant freely admitted that he did not have a valid Social Security Card or Alien Registration Card and that the ones he presented were basically forged. At the same time, Heavener testified convincingly that he did all that could reasonably be expected of an employer in requesting proper documentation of status and that he relied on the documents presented. . . . In the final analysis, it is clear that Heavener properly relied on the documents presented. Had he been aware of the claimant's true alien status, he would not have hired him." (Emphasis added.)
Although claimant does not dispute that he misrepresented the status of his work eligibility, he contends that the commission erred in failing to award him benefits. Claimant asserts that an employer-employee relationship existed despite the misrepresentation, and the employer d
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