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Undocumented Worker Can Cause Health Plan Problems
Stinson Link to more items from this source
Dec. 8, 2014
"The stop loss carrier claimed that the employee was not eligible for coverage under the plan because he was not eligible to work in the United States. The plan claimed that the employer had received from the employee a facially valid permanent resident card which the employer believed made the employee eligible to work in the United States.... California has a statute that explicitly provides certain protections and benefits to employees who are undocumented. Based on that statute, the court found that the stop loss carrier could not deny benefits based solely on the undocumented status of the worker." [Bay Area Roofers Health and Welfare Plan Trust v. Sun Life Assurance Co. of Canada, No. 13-cv-04192 (N.D. Cal. Nov. 6, 2014)]

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