Officer Charged with Workers Comp Fraud

Sacramento County District Attorney Jan Scully recently announced the filing of charges against California Highway Patrol (CHP) Officer Tony Yao for felony workers compensation insurance fraud.

As outlined in the arrest warrant affidavit, Officer Yao filed a workers comp insurance claim on Aug. 11, 2011, stating that he had injured his back during firearms training at the CHP Academy on May 13, 2011. At the time of the alleged injury, Yao was assigned to an administrative position. [WCx]

For the next several months, Yao told his treating physicians that the back injury was so severe he was unable to perform even limited duties, including office work. Based on his complaints of pain and physical limitations, Yao’s doctors recommended that he undergo back surgery.

The CHP Office of Internal Affairs Workers Compensation Fraud Investigation Unit conducted an investigation into Yao’s claims. The investigation included several days of videotaped surveillance, where Yao is seen engaging in various physical activities, in direct conflict with the limitations he described to his physicians.

The investigation also revealed that on the date Yao claimed to have been injured, he had not used the training equipment for which he blamed the injury. He also failed to disclose back injuries he had previously received in a non-work related motor vehicle accident. [WCx]

Yao, who was arrested by the CHP and booked into the Sacramento County jail,has been placed on administrative leave pending completion of the investigation.

Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: mstack@reduceyourworkerscomp.com.

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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.

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