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September 27, 2007

Mexican gets day in court on workers' comp case

PROVIDENCE -- A day after Edgar Velásquez returned from the mountains of Mexico on humanitarian parole, he got his first chance at seeking justice today against his former employer for a devastating chainsaw injury that sliced his face open.

edgar.jpg Journal photo / Mary Murphy
Edgar Velásquez at the hearing today. While his face has largely healed, he still suffers ill effects.

Though Velásquez was in the country illegally when he worked for William J. Gorman Jr., owner of Billy G’s Tree Service in Warwick, state law allows a person to pursue workers’ compensation regardless of their legal status. Last year when Velásquez tried to pursue against Gorman, however, immigration agents arrested him outside the J. Joseph Garrahy Judicial Complex on the day of a scheduled hearing, and he was sent back to Mexico a month later.

After today’s pre-trial hearing before Judge Bruce Q. Morin, Velásquez said through an interpreter, “I feel very happy to be back in Rhode Island. I hope it’s going to come to a happy conclusion, God willing.”

The case is not over. Lawyers have arranged for Velásquez to give a deposition before his humanitarian parole expires on Sunday. Unless immigration authorities grant an extension, Velásquez must return home that day. It is scheduled to go to trial. It is not clear when.

During the hearing, Velásquez stated that he worked six days a week, between 10 and 12 hours a day for Gorman for more than a year -- except for winter months -- up until the time of the accident. Gorman picked him up and drove him home each day, and he was not free to leave “until the job was done.”

He also said he continues to suffer headaches and dizziness and cannot fully close his left eye since the injury, and he experiences recurring infections along the scar at his hairline.

Michael A. St. Pierre, lawyer for Gorman, argued that his client is an arborist, and as such is exempt from the workers’ compensation statute. He said, however, that Gorman has $300,000 indemnity insurance and as such, there is likely a remedy for Velásquez outside of workers’ compensation.

Maureen Gemma of the firm of Stephen Dennis, argued that Gorman is not a licensed arborist and can better be described as “a woodsman.” She also contended that Gorman “has on one or more occasions, collected workers’ compensation” as an employee of a tree service.

-- Journal staff writer Karen Lee Ziner

Posted by Brandie Jefferson  at 1:08 PM | Permalink

Comments

this boy really need to get some justice what hapened to him was something big he deserve a chance to probably stay here and get his paper so things like this wont happen again. A lot of companies abused their employes because of their status. this shouldn be happenig this really need to stop

Melinda Burgos | September 27, 2007 3:05 PM link

HE DESERVES JUSTICE AND TO BE COMPENSATED FOR HIS INJURIES. IT JUST GOES TO SHOW THAT THIS OWNER OF BILLY G'S TREE SERVICE IS IRRESPONSIBLE AND DESPICABLE!!

MARK | September 27, 2007 4:07 PM link

I read the article about this situation and this is what makes my blood boil -

Why can't the government come up with an actual system to verify social security numbers??

How can any small business (employer) say that they won’t hire illegals if the government won’t help by putting an actual system in place?

As it stands today when you apply for a job the HR person takes the name, social and birth date provided by the applicant and calls social security to confirm that it is in fact a valid social security number - BUT that doesn’t mean that the person who is standing before you is THAT person!

We all know people buy and trade social security numbers - but how can we enforce their legal use if we allow people to keep doing so?

(They can walk right into the DMV with fake papers and get an ID, and then they use this to gain employment unlawfully)

I think that Edgar and the former employer should have to produce the paperwork used when employment began -

If Edgar provided false information (fake social) he should be forced to reimburse the courts for the time and money spent and loose any right to ever enter this country again.

If the employer knowingly hired an illegal he should be fined and imprisoned.

Lets get to the root of the situation before ANYONE is awarded any money.

K | September 27, 2007 4:37 PM link

Let's see . . . if this illegal ALIEN not immigrant never came here in the first place . . . illegally . . . then he would never have had his accident nor would he be looking to overburden the taxpayers of this God Awful State. This is disgusting!

Mike | September 27, 2007 5:06 PM link

Illegal, or unlawful, is used to describe something that is prohibited or not authorized by law or, more generally, by rules specific to a particular situation = criminal

Paddy | September 27, 2007 9:59 PM link

PAY THE MEXICAN THEN TAKE OUT TAXES HE OWES

RICK | September 28, 2007 12:25 AM link

A company like Billy G's
Tree Service should be forced out of business. I hope people who read this story and use his company terminated their relationship with him.

It is offensive when an employer breaks the law by hiring an undocumented alien, yet to then turn around and use the law to have the undocumented alien deported becaue the employer does not want to face up to his responsibilities is evil.

Good Luck Mr. Velasquez.

dick | September 28, 2007 5:56 AM link

The illegal Mexican should get nothing. He broke the law by crossing the boarder to get here. Send him back to mexico empty handed.

sam | September 28, 2007 6:38 AM link

Velásquez was here illegally and he was employed illegally. The employer should be prosecuted for hiring an illegal alien and unfair labor practices. Velásquez should prosecuted for being here illegally and be sent back home and not be allowed to return to this country. They both broke the law and should be dealt with accordingly. Velásquez should not be rewarded financially. It only encourages other illegals to do the same thing. Also a number of the workers’ compensation laws should be reviewed and changed. I think it is rediculous that someone should be paid benefits regardless of their legal status. If someone is here illegally he/she should not be entitled to compensation of any sort. Illegal means, prohibited by law or by official or accepted rules. I think that definition speaks for itself.

Tony | September 28, 2007 6:44 AM link

he should be compensated so that employers like that would stop abusing illegal immigrants.....they should be granted permanent residency for such abuse............

hilda | September 28, 2007 7:58 AM link

He needs to go home to Mexico and stay there until he can legally attain citizenship in the US. If he wants to be here in the US great, please come and make yourself at home, but do so the right way, and become a citizen. Don't abuse the system anymore.

bridget | September 28, 2007 10:48 AM link

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