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Posted by: kwflatbed

Why The F--K Should He Get Comp ????????????????????????????

Injured worker gets day in court

10:05 AM EDT on Friday, September 28, 2007

By Karen Lee Ziner
Journal Staff Writer

Edgar Velásquez, an illegal Mexican immigrant, left, talks to Antonio Barajas, center, who translates for him in Judge Bruce Morin’s Workers’ Compensation Court yesterday. Velásquez’s lawyer, Maureen Gemma, is at right. Journal photo / Mary Murphy

PROVIDENCE — Edgar Velásquez bowed before the judge yesterday, as is customary in his culture. Then got his wish: to pursue a claim against his former employer for a chain-saw injury that flayed Velásquez’s face open to the bone.
Here on humanitarian parole from Mexico, Velásquez spoke at a pretrial hearing against William J. Gorman Jr., owner of Billy G’s Tree Care in Warwick, for whom Velásquez was working when he injured himself last year.
Though Velásquez attempted to sue Gorman last year in Workers’ Compensation Court, immigration agents arrested Velásquez on the day of his scheduled hearing. He was expelled from the country shortly thereafter for being here illegally.
The case before Judge Bruce Q. Morin will now go to trial, although it is not clear when. Velásquez is obligated to return to Mexico on Sunday unless the U.S. government grants him an extension; but the case will proceed, with or without him.
Meanwhile, Velásquez said he was thankful to those groups and individuals who helped him return, and hoped that the case will be resolved in his favor. Rhode Island law grants him the right to pursue a workers’ compensation claim, despite his illegal status, according to Chief Judge George E. Healey Jr. of the Rhode Island Workers’ Compensation Court.
“I feel very happy to be back in Rhode Island. I hope it is going to come to a happy conclusion, God willing,” Velásquez said through an interpreter.
Antonio Barajas, president of the Mexican-American Association that worked with the Mexican Consulate in Boston and Sen. Jack Reed’s office to bring Velásquez back to Rhode Island, said he was pleased that the government granted the humanitarian request.
“I think he is very optimistic,” Barajas said of Velásquez. “He clearly is looking for justice. He wants compensation. He was a dedicated employee.” Barajas also said that Velásquez’s case, and those of other injured illegal workers, underscores “that we really need to come together as a country” and enact national immigration reform.
Velásquez is scheduled to answer questions this morning in a separate pretrial hearing: the Rhode Island Department of Labor is seeking penalties against Gorman for not having workers’ compensation insurance.
Tomorrow morning, Velásquez is scheduled to give a deposition in both cases that will be presented at trial, in the event that the U.S. government does not extend his humanitarian parole beyond Sunday.
Those attending the hearing included German Murguia Mier, vice consul for the Mexican Consulate in Boston; members of the Mexican-American Association of Rhode Island, and half a dozen supporters from immigrant advocacy groups.
Velásquez, 22, told the court that he worked for Gorman six days a week, on average 10 to 12 hours a day for more than a year, except in December and January. Gorman picked him up every morning at 6 and dropped him at home every evening, he said, and always paid him in cash, at first $10, then $12 an hour.
Judge Morin asked Velásquez whether he was free to go home if he was tired.
“No,” Velásquez replied. He said he had to stay “until he [Gorman] said the job was complete.”
The accident on March 31 occurred when the chain saw Velásquez was holding bounced off a fence and slashed his face from his hairline through his left eyelid and through his nose. A plastic surgeon sutured his face, but Velásquez said his left eye does not close completely; he continues to suffer headaches and dizziness; experiences recurrent infections and cannot tolerate sunlight for long. He said he has received no treatment other than pain medications while in Mexico, and sometimes his mother applies herbal remedies.
Gorman sat next to his lawyer, Michael A. St. Pierre yesterday, but said nothing. He left the court immediately after the hearing.
St. Pierre said Gorman admits to having no workers’ compensation insurance and does not contest that Velásquez was seriously injured while working for him. However St. Pierre argued that Gorman “is an arborist” under state statute, and as such is exempt from the workers’ compensation law — unless he employed 25 or more people for an extended period, which he did not. St. Pierre also said he believes Velásquez was an independent contractor, not an employee of Gorman, and as such would not be entitled to workers’ compensation.
But St. Pierre also said “there is sympathy” toward Velásquez; Gorman has $300,000 in indemnity insurance, “and there is coverage. It’s not like Mr. Velásquez is left without a remedy.”
Maureen Gemma, of the law firm of Stephen J. Dennis, represented Velásquez. She said Department of Environmental Management statutes require arborists to be licensed, which Gorman is not.
“There is a difference between an arborist who has certain expertise, and a woodsman,” said Gemma. An arborist “is not someone who goes out and chops a tree down” to alleviate shade or for some other reason unrelated to hazard, she said.
Gemma said Gorman “has, on more than one occasion, collected workers’ compensation as an employee of a tree service.”
St. Pierre said Gorman applied for an arborist’s license, “but he hasn’t passed [the test] yet.” “But an arborist is an arborist,” he said, “and not having an arborist’s license does not make you not an arborist.”
Bernard P. Healy, legal counsel for the Department of Labor and Training, said Gorman does not meet the DEM statutory standard for an arborist.
Just as an architect must have a license and expertise to build a building, “as an arborist, one needs expertise in the care of trees,” said Healy. “To say he is an arborist is an insult to those in this profession. He’s a woodsman. He’s not an arborist.”
After the hearing, Velásquez said his injury “has affected my family emotionally and financially, and I’m the sole provider for my two brothers and my mother.” Asked why he bowed before the judge at the outset, Velásquez said, “This is what I have been told since I was little, to respect those who are trying to help us, and those who are in authority.”
St. Pierre said after the hearing, “What I’m looking for for Mr. Gorman, is that he gets a fair hearing, and that if we focus on this, we can come to a resolution.”
Labor Department spokeswoman Laura Hart said if a person does not have workers’ compensation insurance, it is possible that their assets, or their company’s assets could be attached, however Hart was unable to clarify that point yesterday.

Related stories

Velázquez
9.27.07: Mexican returns in quest for justice after chain saw accident

9.14.07: Supporters seek return of deported Mexican hurt on job

8.17.07: Legal status is no bar to rights

5.20.07: Edgar Velázquez: Maimed at work, then deported

Special Report: More on how immigration, both legal and illegal, is affecting the state and its institutions

http://www.projo.com/news/content/IM...4.35555a5.html

Posted by: annadad71

He gets comp because some loser wanted to cut corners and pocket the remainder of what should of been paid as a "working" wage sshould he of been a "legal" citizen. ......bottom line if scum did not hire them we would not have to support them at a later date!

Posted by: Harley387

Quote:

Originally Posted by annadad71

He gets comp because some loser wanted to cut corners and pocket the remainder of what should of been paid as a "working" wage sshould he of been a "legal" citizen. ......bottom line if scum did not hire them we would not have to support them at a later date!

+1 The dirtbag who owns the company shouldn't be hiring illegal.....er, um...undocumented workers.

Posted by: justanotherparatrooper

What an utter crock of shit!

Posted by: Barbrady

"Son of a bee sting!" that is redonkulous and I agree these fckers should not be hiring Ritchie Valens and the Silhouettes in the first place....paying them under the table.

Posted by: wethammer

Y'all need th break out the anti-graffiti squad. The MS13 crowd's already alive & well in SC. Take care, amigos...they're mean SOB's.

Just curious....how do Mass LE Officers handle illeagl aliens up there. I know you hook & book the criminals but what about the day laborers hangin' on the street corners?

Posted by: JoninNH

I have studied MS13 for a few years now... mean mother-f*****s...

Posted by: Barbrady

Yeah, look where they came from.

Posted by: coloneltruth

They are already here recruiting the local kiddies. Once they have enough members in this area then the fun begins.

As for the illegal alien collecting comp, this will just set off more "accidents". Once they find out they can get a check every week mailed to them back home in Mexico. Fingers will be dropping off like prices at Walmart.

Posted by: Deuce

Quote:

Originally Posted by wethammer

Just curious....how do Mass LE Officers handle illeagl aliens up there. I know you hook & book the criminals but what about the day laborers hangin' on the street corners?

Thankfully as of yet we don't have the issue of "day laborers" hangin' out in the WalMart parking lots or street corners. Yet. I've seen em down in NC, SC and GA and I loved pulling into a lot yelling "immigration"! and watch them run.. Too funny.
As far as what do we do with them; nothing (speaking for my city). And if it was up to my chief, he'd want us to take them out for lunch.. ICE here doesn't want to be bothered unless you have a deported felon or a large group of illegals. However when ICE does do a large scale roundup of illegals, the liberal scum so prevalent in this rotten state go apeshit..

Posted by: Barbrady

Quote:

Originally Posted by Deuce

. Yet. I've seen em down in NC, SC and GA and I loved pulling into a lot yelling "immigration"! and watch them run..

Yup, a co-worker does part-time security at a hispanic club. He says when it gets out of hand late night they simply yell "La Migra!" and they scatter like cucarachas.

Posted by: kwflatbed

ooooooooh crap the border patrol is here

Posted by: mtc

Put him on a plane and tell mommy and brothers to get jobs.

He wasn't concerned about the legality of his employment when he was getting wads of cash.

Posted by: wethammer

Hey Deuce...Thanks for the informative post. Some counties down here in SC want to take it upon themselves to lock up all the illegals they can find. Trouble is, only Border Patrol, ICE and Immigration Inspectors are the only people authorized by law to make the determination of one's status in the US. It's getting WAY outta hand everywhere and people need to start hounding their congressmen & senators to take a stand and actually do something about the problem.

I'm still interested in what the other Mass. Cops do when they run across a load of illegals that aren't up to any mischief.

Thanks....the Hammer

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