No. 02613594 (1999). EMPLOYEE: Lucrenia Rego.
Case Date | March 22, 1999 |
Court | Massachusetts |
Massachusetts Workers Compensation
1999.
No. 02613594 (1999).
EMPLOYEE: Lucrenia Rego
COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Lucrenia Rego EMPLOYER: ACT Manufacturing
INSURER: Eastern Casualty InsuranceBOARD NO. 02613594REVIEWING BOARD DECISION (Judges Carroll, Maze-Rothstein and Levine)APPEARANCES
Norris E. Coleman, Esq., for the employee on brief
Mark Wester, Esq., for the employee at hearing
Kerri Ann Bidgood, Esq., for the insurer on brief
Martin J. Long, Esq., for the insurer at hearing
CARROLL, J. The employee challenges on
appeal a decision denying her claim for workers' compensation benefits
attributable to an alleged series of falls at work on February 22, 1994. The
employee argues that the interpreter whom she provided to translate at hearing
from her native language, Portuguese, failed to provide adequate and accurate
translation, thereby denying the employee her due process right to a fair
hearing. Because the employee made no objection at hearing - or in any way drew
the administra-tive judge's attention to the issue of the interpreter's
competence or the adequacy of her translation - we deem the issue waived for
argument on appeal. Pierre v. Tad Power Temp, 11 Mass. Workers' Comp. Rep. 46,
48 (1997). See Commonwealth v. Festa, 369 Mass. 419, 428 (1976).
At hearing, the employee claimed that she had fallen three times
while on her way to entering the building of her employer on February 22, 1994.
The employee also claimed that she told her supervisors about the incidents
immediately upon entering the building. The judge did not credit the employee's
account of what had happened to her. (Dec. 4.) The judge therefore denied and
dismissed the employee's claim. (Dec. 8.)
The employee testified by way of a Portuguese interpreter, whom
the employee hired and provided. (See affidavit of employee attached to
Employee Brief). 1 The judge inquired into the interpreter's qualifications and
ability to communicate with the employee. (Tr. 3-5.) See 452 Code Mass. Regs.
1.11(4). The employee contends on appeal that the translation provided to her
by the interpreter was inaccurate and inadequate. However, the record indicates
that at no time in the proceeding did the employee bring the question of the
adequacy of the interpreter's translation services to the judge's attention.
The reviewing board...
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