Rhode Island news
Ex-employer says he didn’t agree to settlement with injured immigrant
08:18 AM EDT on Thursday, June 5, 2008
GORMAN
PROVIDENCE — A groundbreaking settlement for an injured Mexican illegal immigrant was put in jeopardy yesterday when the man’s former employer, Warwick tree-company owner William J. Gorman Jr., asked that his lawyer be dismissed and told a judge that he “had never even heard of” the $30,000 settlement agreement.
“It was a total lie. To this day I haven’t read it,” Gorman told Workers’ Compensation Judge Bruce Q. Morin.
Just before Gorman’s lawyer, Michael St. Pierre, withdrew from the case yesterday, he told Morin that he indeed had informed Gorman of the agreement, including sending him three “very lengthy, detailed letters” specifying the terms.
St. Pierre reached the agreement in January with lawyers for Edgar Velásquez, the injured worker. Documents were translated and sent to Velásquez in Mexico. But Gorman balked several weeks ago at a scheduled signing before Morin.
“He announced that he no longer required my services,” St. Pierre said after yesterday’s hearing. “I thought I had done my very best to give him the best advice I could, under very difficult circumstances. They [clients] seek out our advice, but they have the right to do what they want to do.”
Velásquez sustained devastating injury in 2006 when a chainsaw kicked back and slashed his face open. He was then working for Gorman, owner of Billy G’s Tree Care.
Though state law entitles undocumented immigrants to pursue workers’ compensation claims, Velásquez was arrested outside the courthouse in August 2006, when he first tried to bring his case against Gorman. He was deported, but the federal government granted him a humanitarian visa to return last fall and pursue his case. (Velásquez alleged that Gorman tipped off immigration authorities.)
Morin yesterday granted Gorman until June 27 to find a new lawyer. Gorman declined comment as he left the courtroom.
Meanwhile, Velásquez’s attorneys have filed a motion to hold Gorman in contempt. A contempt finding means Gorman could face a $150,000 fine by the state Department of Labor and Training for not having workers’ compensation at the time Velásquez worked for him.
The settlement suspends that fine, as long as Gorman abides by its terms and pays Velásquez $300 a month for 10 months out of the year, for the next 10 years.
Velásquez’s lawyer, Maureen Gemma, of the law firm of Stephen J. Dennis, said she was shocked by Gorman’s actions.
“He’s claiming he never saw this agreement to this day … it’s not true,” Gemma said. “We were just about to put the settlement through, and he refused to sign it. To date, he hasn’t paid a penny.”
Gemma added, “For the record, I was not happy with the settlement. I thought it was too little, and took too long” to pay out. “For some reason, [Gorman] seems to think this settlement is unfair and he can do better. I’m shocked that he is the one who wants to negate the settlement, since it was drafted in a way favorable to him.”
Gemma said, “We speak to Edgar [in Mexico] regularly. He’s patient as always. He’s just a good person.”
Nearly two dozen representatives of Fuerza Laboral (Power of Workers), sat in the courtroom yesterday in support of Velásquez.
“He is not here today, but we are coming in his behalf,” said Ana Chirino of Fuerza Laboral. “I wish the best to him, and the best thing we can do is represent his voice, his soul and his life.”
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