Georgia court: Immigrants can't sue state agency on tuition
Ethics
Georgia's highest court on Monday ruled against a group of young people who were brought to the U.S. illegally as children and wanted access to in-state tuition at the state's colleges and universities.
However, the court decision hinged not on their immigration status, but on whether they were legally allowed to sue the state.
The roughly three dozen young immigrants have temporary permission to stay in the U.S. under a 2012 Obama administration policy. Their lawsuit asked a judge to instruct the university system's Board of Regents to allow them to qualify for in-state tuition.
A Fulton County judge had dismissed the lawsuit, saying it was barred under the doctrine of sovereign immunity, which shields the state and state agencies from being sued unless the General Assembly waives that protection. The Georgia Supreme Court upheld the lower court ruling.
"It is settled that the Board is an agency of the State to which sovereign immunity applies," Justice Harold Melton wrote in the unanimous opinion.
The court is severely limiting the ability to challenge the actions of unelected state officials, Charles Kuck, the immigrants' lawyer, said in an emailed statement.
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Does a car or truck accident count as a work injury?
If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.
Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.
If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases.
If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.
Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.