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Plea to be heard for benefits of worker illegally in country

DOVER, Del. (AP) – Delaware’s Supreme Court is being asked to overturn a judge’s decision terminating the disability benefits of a woman who is in the country illegally and was injured at work.

Justices are to hear arguments Wednesday regarding the judge’s ruling, which upheld a decision by the state Industrial Accident Board.

Magdalena Guardado’s attorneys say the board erred in terminating her total disability benefits, and that the judge erred in upholding that decision.

A judge in 2016 upheld an earlier board ruling that the El Salvador native who came to the United States in 2004 was entitled to disability benefits. The judge said Guardado’s immigration status made her a “displaced worker.” The Supreme Court overturned that decision.

The board concluded Guardado was no longer entitled to benefits following a rehearing last year.

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