News Notes: Court Nixes Rehab Benefits For Undocumented Worker

An undocumented employee who was injured on the job has had her request for rehabilitation benefits thrown out by the California Court of Appeal. Margalese Ortega-Ruiz injured her back while working at a Jack-in-the-Box restaurant in Santa Monica. After she filed a workers’ comp claim and requested vocational rehabilitation benefits, the restaurant discovered she wasn’t entitled to work in the U.S. Because Jack-in-the-Box could not legally return her to her old job, Ortega-Ruiz asked to receive expensive rehab training so that she could work in another country. The workers’ comp appeals board agreed, but was overruled by the Court of Appeal. The court ruled that the employer had no obligation to provide such costly services to illegal workers. Furthermore, Ortega-Ruiz should not benefit from her own wrong doing.