Trying to have their cake and eat it too, a pair of Ohio residents were recently charged with workers compensation fraud.
The Ohio Bureau of Workers Compensation (BWC) recently reported that the two were arrested and charged with their alleged crimes.
In the first case, a Cuyahoga Falls (Summit County) man was sentenced for continuing to work as a truck driver while receiving workers’ comp benefits for a prior workplace injury.
James Lee was sentenced in the Summit County Court of Common Pleas and must repay close to $70,000 he improperly obtained from the BWC.
"Mr. Lee engaged in the same type of work as before becoming injured while receiving Temporary Total Disability benefits," BWC Administrator/CEO Steve Buehrer commented. "He pocketed a large sum of money that wasn't rightfully his, and thanks to our investigators and our Fraud Hotline, he's returning that money, so BWC can provide compensation and medical care to truly injured workers."
Workers Comp Fraud Hotline Received Tip
The BWC Fraud Hotline received an allegation that Lee was employed dating back to the time of his injury and drove a truck for three different businesses.
Investigators discovered that Lee continued to be employed as a truck driver between 2006 and 2010 while accumulating temporary total disability benefits.
Lee pleaded guilty to theft by deception, a fifth-degree felony. He received 12 months in jail, suspended for three years of community control.
Under the terms of Lee's probation, he must pay restitution to BWC in the amount of $69,604.57, plus court costs. He was also ordered not to drive tractor-trailers.
Meantime, a Wellston (Jackson County) man was sentenced for working as a truck driver while receiving BWC funds for a prior workplace injury.
Ricky Davis was ordered to repay more than $57,000 he improperly collected from the BWC.
"Mr. Davis misrepresented his work activity to medical doctors and to the BWC," said Buehrer. "BWC strives to provide high quality care to injured workers and is committed to bringing those who abuse the system to justice."
BWC's Intelligence Unit received a cross match report from the Public Utilities Commission of Ohio that indicated Davis underwent a commercial vehicle inspection during the time period he was receiving temporary total disability benefits.
Defendant Allegedly Worked While Receiving Funds
An investigation uncovered the fact that Davis knowingly worked as a commercial truck driver while concurrently collecting Temporary Total disability benefits. Injured workers are not permitted to work while receiving these funds.
Davis pleaded guilty in mid-March to workers comp fraud, a fifth-degree felony. He was sentenced to 12 months in prison, suspended for five years of community control. He was also ordered to pay restitution in the amount of $57,533.14, plus investigative costs of $3,201.08.
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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