Friday, December 16, 2005

Nebraska Supreme Court denies worker compensation vocational rehabilitation services to an illegal immigrant and denies motion to vacate death sentence for multiple murderer State v. Dunster, 270 Neb. 773 December 16, 2005. No. S-05-021: Defendant moved to vacate his death sentence in proceeding that was neither a direct appeal nor a post conviction motion, pursuant to Neb. Rev. Stat. § 29-3001 (Reissue 1995). " We decline to recognize a new special procedure for raising the issue of a void sentence. Because the issue was not raised in a recognized proceeding, the district court lacked jurisdiction over the claim. Thus, we also lack jurisdiction. " Ortiz v. Cement Products, 270 Neb. 787 December 16, 2005. No. S-05-437.Plaintiff requested vocational rehabilitatio services under worker compensation law. The Supreme Court denies illegal immigrant voc rehab, "Under Neb. Rev. Stat. § 48-162.01(3) (Cum. Supp. 2002), an employee is entitled to vocational rehabilitation services when he or she is unable to perform suitable work for which he or she has previous training or experience..However Plaintiff testified that he will not be returning to Mexico, but, rather, intended to remain in this country, where he may not be lawfully employed because of his illegal status. See 8 U.S.C. § 1324a (2000). Awarding Ortiz vocational rehabilitation services in light of his avowed intent to remain an unauthorized worker in this country would be contrary to the statutory purpose of returning Ortiz to suitable employment. Therefore, we hold that based upon the facts of this case, Ortiz is not entitled to vocational rehabilitation services.

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