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You are here: Home / Claim Management / Fight Workers Comp Fraud & Abuse / Worker Falsifies Medical Examination To Get Workers Compensation Receives Probation, Fine and Restitution for Fraud

Worker Falsifies Medical Examination To Get Workers Compensation Receives Probation, Fine and Restitution for Fraud

January 23, 2010 By //  by Robert Elliott, J.D. Leave a Comment

Persons who  perpetrate fraud are certainly persistent as the New York State Insurance Department discovered recently. A man, convicted of insurance fraud in 2003 was arrested on the same charge this month. 

Investigators found  he falsified a medical examination to get full workers’ compensation benefits when he may have been entitled only to partial benefits.

The NYSID  reported collected $6,600 in benefits he was not entitled to receive. He started collecting the benefits after suffering a back injury in a traffic accident in 2007, while working as a trash collector for a private garbage collection company.

Insurance Department
 Frauds Bureau investigators did not dispute the injury, but said he failed to disclose a similar reported injury occurring earlier and leading to his arrest in 2003. He would not have received full wage replacement benefits had he disclosed the earlier injury.

In 2003
,  the subject pleaded guilty in to charges of insurance fraud and workers’ comp fraud for exaggerating the extent of a disability caused when he suffered an earlier work-related injury. He was sentenced to pay $8,400 in restitution, serve 60 days in jail and serve five years’ probation. (workersxzcompxzkit)

The man
 now faces charges of third degree insurance fraud, third degree grand larceny and committing a fraudulent practice. If convicted of the new charges, the worker may serve up to four years in jail.

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.

Podcast/Webcast: How To Prevent Fraudulent Workers' Compensation Claims Click Here http://www.workerscompkit.com/gallagher/podcast/Fraudulent_Workers_

Compensation_Claims/index.php


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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
 
©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com

Filed Under: Fight Workers Comp Fraud & Abuse, Litigation Management Tagged With: Eliminating Fraud and Abuse, Legal Issues: Employers & Employees

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