Appellate Law

Non-Resident Aliens Not Entitled to Recovery of Death Benefits Under Alabama's Workers' Compensation Act

In Duran v. Goff Group, [Ms. 2070763] (Ala. Civ App. Feb 6, 2009), the Court of Civil Appeals held that non-resident aliens are not entitled to the death benefits as a result of the death of a worker.  The statute specifically provides that "Compensation for the death of an employee shall be paid only to dependants who, at the time of the death of the injured employee, were actually residents of the United States."  Ala. Code 25-5-82.  The cirucit court and the court of civil appeals rejected consitutional challenges to this provision and enforced the terms of the statute.

For an article on this interesting opinion, click the link to "Ala. court: No money for Mexican worker's family" from the AP, via al.com
 

Full post as published by Alabama Appellate Watch on February 10, 2009 (boomark / email).