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trial: Petitioner;4 Kenny Jaimungal (Mr. Jaimungal); Mr.
Mahabir; his wife, Germaine Mahabir (Mrs. Mahabir); and his son,
Jason Mahabir (Jason Mahabir). We do not question the general
credibility of either petitioner or Mr. Jaimungal. However, we
have serious questions about the general credibility of Mr.
Mahabir, Mrs. Mahabir, and Jason Mahabir.
We believed petitioner's testimony, and have found as facts,
that during 1992 petitioner worked at JMS 2 to 2-1/2 hours during
the evenings, 5 evenings a week, for which he was paid $175 a
week. Mr. Jaimungal's testimony corroborated petitioner's
testimony with respect to the number of hours during 1992 that
petitioner worked each evening for JMS.
We did not believe the testimony of Mr. Mahabir or his son5
that during 1992 petitioner was required to be available to make
deliveries for JMS from approximately 6 p.m. to 7 a.m. each day
(i.e., he was required to be "on call"). Nor did we believe the
testimony of Mr. Mahabir that petitioner was compensated in the
amount of $49,200 during 1992 for being on call during those
times. In this connection, Mr. Mahabir testified that, as the
owner of JMS, he typically had income of about $50,000 a year.
We are incredulous that JMS paid petitioner $49,200 in compensa-
4 Petitioner Sybil G. Kawal was present during the trial, but
she did not testify.
5 The testimony of Mrs. Mahabir was completely evasive, vague,
and unreliable.
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