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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.
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
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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