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Romero v. Building One Service Solutions12/31/2004
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division on the petitioner/employee's appeal from the decision and decree of the trial judge denying his original petition for workers' compensation benefits arising from a fall while at work on April 7, 2002. After careful review of the record and consideration of the arguments of the parties, we grant the employee's appeal, and reverse the decision of the trial judge.
The employee testified through an interpreter that on April 7, 2002 he was employed by Building One Service Solutions as a floor cleaner. The job entailed spreading stripper on the floor, removing the old wax with a machine and then applying the new wax with another machine. These machines could weigh up to 400 pounds. During a normal work shift, the employee would be on his feet for eight (8) hours and bent or stooped over for at least four (4) hours.
On April 7, 2002, the employee was working an overnight shift cleaning the floors at Marshalls Department Store in Methuen, Massachusetts. He explained that after spreading the stripper on the floor, he put the mop he used off to the side and as he walked back to the machine he was using to remove the wax, he slipped and fell, hitting his head. He was briefly unconscious. There were three (3) co-workers in the same room with him and they ran over to him after he fell. Despite this accident, the employee attempted to resume working his shift until he experienced nausea and problems with his vision just moments later.
The employee testified that he has no memory of anything for fifteen (15) to twenty (20) minutes after he fell. When he began to experience the nausea and vision problems, he again lost his memory for several minutes, although he recalled being taken from the work site in an ambulance. He was taken to Holy Family Hospital and Medical Center where he remained for two (2) days.
After being released from the hospital the employee saw Dr. Arturo Longobardi a few times until he was released back to work on April 29, 2002. He continued working until May 18, 2002 when he left work permanently because he could not tolerate the headaches, nausea, and blurred vision he was experiencing. He spent a night in the Fatima Unit of St. Joseph Hospital in Rhode Island on May 20, 2002.
Following his brief stay in Fatima, the employee began treating with a neurologist, Dr. William Golini, as well as Dr. Longobardi. Dr. Golini ordered an MRI of the brain as well as an EEG. The employee was also examined by Dr. Edward Feldmann at the request of the insurer. In the employee's opinion, he is not capable of returning to his job as a floor cleaner due to the severe headaches he still frequently experiences.
The employee testified that he remembered everything about April 7, 2002 up until he slipped and then he could not remember anything after that. However, he was certain that he lost his footing and slipped on the wet floor. He did recall feeling wet from the stripper on the floor.
Carlos Munoz, a co-worker of the employee, testified through an interpreter that he was working with Mr. Romero at the time of his fall. Mr. Munoz stated that the employee slipped on the wet floor and fell and that he saw blood coming from the back of the employee's head after the fall. Mr. Munoz was between eight (8) and ten (10) feet away at the time. There were two (2) other workers in the room, the lights were on and nothing was blocking Mr. Munoz's view of Mr. Romero.
At this point, the record reflects that Mr. Munoz's testimony became confused. It is impossible to determine whether this was due to a language barrier or an intentional evasi
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