| Date: | 02/29/2000 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 027202-93 |
| Location: | Boston |
- Employee: Salvatore Cicerone (employee) and Claire Cicerone (claimant)
- Employer: Quincy Adams Restaurant & Pub, Inc.
- Insurer: Workers’ Compensation Trust Fund
MCCARTHY, J. After thirty years of working as a baker and restaurant kitchen helper, Salvatore Cicerone retired in 1990. Then in November 1992, he returned to the work force doing part-time janitorial work for Quincy Adams Restaurant and Pub, Inc. (Adams Restaurant). (Dec. 4.) On Sunday evening, January 17, 1993, Mr. Cicerone was found by a co-employee lying on snow next to a dumpster suffering from what was later determined to be a comminuted fracture of his left tibia. Cicerone’s jacket was found inside an adjacent two family dwelling. The dumpster was used by Adams Restaurant and was situated between the restaurant and the adjacent two family dwelling. We note from the record that title to the dwelling stands in the name of a trust. Patrick Fallon, the "principal" of Adams Restaurant, was also a trustee of the realty trust. (Dec. 4, 5; Employee Ex. 14.)