Suspension of Workers Comp Benefits of An Unauthorized Alien

In Reinforced Earth Company v. Workers' Compensation Appeal Board (Astudillo), 570 Pa. 464, 810 A.2d 99 (2002), the Court considered whether an employer was required to show job availability in order to suspend the benefits of an unauthorized alien. Noting that pursuant to federal law an unauthorized alien cannot apply for or accept lawful employment, the Court held an employer seeking to suspend the benefits of an unauthorized alien need not show the existence of job availability. More recently, in Mora v. Workers' Compensation Appeal Board, 845 A.2d 950, 954 (Pa. Cmwlth. 2004), this Court further explained: "By stating that no job availability need be shown, what our Supreme Court, in effect, held is . . . it is going to be presumed [an unauthorized alien] cannot work in this country. . . . "