No. 02613594 (1999). EMPLOYEE: Lucrenia Rego.

Case DateMarch 22, 1999
CourtMassachusetts
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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