The Reinforced Earth Co. v. WCAB (Astudillo) (Concurring Opinion)
Annotate this Case
Download PDF
[J-113-2002] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT THE REINFORCED EARTH COMPANY, : : : : v. : : : WORKERS' COMPENSATION APPEAL : BOARD (ASTUDILLO), : : APPEAL OF: THE REINFORCED : : EARTH COMPANY AND STATE WORKERS' INSURANCE FUND : No. 124 MAP 2000 Appeal from the Order of the Commonwealth Court of Pennsylvania dated April 12, 2000 at No. 2796 C.D. 1999 affirming the Order of the Workers' Compensation Appeal Board affirming the order of the Workers' Compensation Judge 749 A.2d 1036 (Pa. Commw. 2000) Resubmitted: June 3, 2002 CONCURRING OPINION MR. JUSTICE NIGRO Decided: November 6, 2002 I agree with the majority that Claimant may receive benefits as an illegal alien, that Reinforced Earth does not need to establish that it referred available jobs to Claimant in order for Claimant's benefits to be suspended, and that this case should be remanded to the WCJ for a determination as to whether Claimant's benefits should be suspended. Unlike the majority, however, I believe that the Commonwealth Court properly addressed and considered Reinforced Earth's argument that the court should create a rule barring illegal aliens from receiving benefits based on a public policy against illegal immigration. Mr. Justice Saylor joins in the concurring opinion.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
