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Appeals court hears injured worker’s bid for lost earnings

INDIANAPOLIS (AP) – An attorney for a Mexican man who’s seeking lost future earnings following a workplace injury has asked the Indiana Court of Appeals to allow two witnesses to testify about his lost U.S. wages.

The court heard arguments Wednesday in the case of Noe (no-EH’) Escamilla (ehs-kam-EE’-uh), who sued Indianapolis construction company Shiel Sexton for future wages after he severely injured his back.

The case hinges on whether he can pursue earnings at U.S. pay rates or those in his native Mexico.

A Montgomery County judge ruled last year that the two witnesses could not testify at trial about how much future U.S. earnings Escamilla’s injury had cost him.

Shiel Sexton attorney John Mervilde told the court if Escamilla claims any future earnings they should be at rates available in Mexico.