Granados v. Windson Development Corp.

I concur in the majority’s decision affirming the commission’s denial of benefits to this claimant. Claimant, partially disabled as a result of an employment accident, is not entitled to benefits under the Virginia Workers’ Compensation Act (the Act) because, as an undocumented alien, he cannot legally market his remaining work capacity. See Manis Constr. Co. v. Arellano, 13 Va.App. 292, 294, 411 S.E.2d 233, 235 (1991).

I write separately, however, because I disagree with the majority opinion to the extent it holds that claimant’s misrepresentation as to his eligibility for employment is a bar…