A disabled employee’s status as an undocumented worker does not relieve companies of the burden of proving that jobs are actually available to the employee in order to halt disability payments, the state Supreme Court has ruled. The high court’s opinion ordered Daisy Construction Co. to prove that jobs are available to disabled worker Jose Campos, even if his undocumented worker status is among the reasons he cannot secure another job.
“In light of Campos’ inability to secure new work legally, Daisy may find it difficult to demonstrate job availability, as a labor market survey or some other form of proof may not identify jobs that are actually available to Campos,” said Chief Justice Leo E. Strine Jr. in Campos v. Daisy Construction. “But any difficulty in proving job availability is properly borne by the employer, who must take the worker as it hired him.” In September 2008, Daisy hired Campos, who speaks almost no English, without verifying his Social Security number, according to the court’s opinion. Campos worked for the company for three years until he was thrown off the back of a truck while working on a traffic crew. The accident resulted in permanent impairment to Campos’ shoulder and back, according to court documents.
