California Postal Window Clerk Delivered Some Bad News

United States Attorney Benjamin Wagner announced that Chief United States District Judge Anthony Ishii sentenced 44 year-old Karina S. Beard of Turlock, California to one year in prison, to be followed by three years of supervised release, for four counts of mail fraud and two counts of federal workers compensation fraud. Beard was also ordered to pay $81,694 in restitution.

 
According to court documents, Beard worked as a distribution and window clerk for the Postal Service in Groveland. For two plus years, Beard received federal workers comp benefits for an on-the-job injury. Because of her claimed injuries, restrictions were placed on Beard's physical activities: no reaching, no pushing, no pulling, no driving for more than 20 minutes, etc.
 
 
Yet, Beard performed various physical tasks, such as horseback riding, caring for horses, yard work, and driving all using the purportedly injured part of her body. Because of claims Beard made in routine Department of Labor questionnaires, she continued to receive workers comp benefits, all while not entitled to such benefits. (WCxKit)
 
At least once a year the U.S. Department of Labor’s Office of Workers Compensation Programs is required to ask every total disability benefit claimant whether the claimant has had any employment, earnings, or changes in their medical condition over the previous 15 months. In compliance with regulations, OWCP sends out a questionnaire to each claimant. Claimants reporting changes in employment, earnings, or their medical conditions on the questionnaire may experience a reduction or termination of benefits.

 

Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
 
 
 
NEW 2012 WORKERS COMP MANAGEMENT GUIDEBOOK:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
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.
 
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

Injury Walking into Workplace Compensable under Federal Employees Liability Act

Conductor Can Sue for Injury Sustained in Parking Lot
The Nebraska Supreme  Court ruled a retired Union Pacific conductor can seek compensation for a knee injury sustained while walking into work from the parking lot.

According to  The Associated Press, the ruling reinstates the lawsuit the conductor filed when he stepped in a pothole in the employer's parking lot. A Douglas County judge previously issued a summary judgment in favor the employer, Union Pacific.  The company's attorneys argued the railroad was not liable because the injured worker was commuting and had not yet reported for work when he hurt his knee.
However,  the Supreme Court determined the man's injury took place during the course of his employment because it was just prior to his shift beginning and on a driveway employees regularly used to get from the parking lot to the railroad's depot. The fact the driveway is owned by the city of Marysville, not Union Pacific, is moot the court said.
As a result  of the injury, the conductor tore some knee cartilage in the incident and required surgery. He missed work for some time but was able to return to work before retiring earlier this year.

The Federal Employees Liability Act,  covering railroad workers in much the same way as state-administered worker's compensation laws, mandates employers provide a safe work place for workers. It also outlines the procedure for collecting damages after an injury. (workersxzcompxzkit) His lawyers contended according to the law even if the employer played only a slight part in the injury, it could be held liable.

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.

"FRAUD PREVENTION" PODCAST click here: http://www.workerscompkit.com/gallagher/mp3 By: Private investigator with 25 years experience.

 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker 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@ReduceYourWorkersComp.com

Federal Employee Compensation (EEOICP) Explained

LowerWC.com has many visitors from governmental agencies such as NASA, the TSA, the Department of Labor, the National Park Service, the U.S. Postal Service, the Department of the Interior, the U.S. House of Representatives, the U.S. Army, Air Force, Navy, and Marines. These visits are from military installations around the world, not just U.S.-based operations. Doctors Hutchinson and Leffingwell have done work for the CDC and Dept of Labor/Employment.

 

Leslie J. Hutchinson, M.D., MPH, FACOEM, and Sanford S. Leffingwell, MD, MPH, FACOEM, are among a number of physicians nationwide working with the Department of Labor's Energy Employee Occupational Illness Compensation Program (EEOICP). Congress concluded several years ago that former workers at U.S. federal nuclear facilities were suffering the effects of exposure to toxic substances, but were having difficulty obtaining compensation for their illnesses through existing channels.

 

Doctors Hutchinson and Leffingwell are also ongoing medical consultants for the U.S. Public Health Service, Region IV, Federal Occupational Health (FOH). For FOH, they evaluate, diagnose, and recommend preventive and treatment strategies for a wide spectrum of diseases and injuries that arise in federal workplaces. They have served as experts on chemical and biological weapons effects for the U.S. Army's Army Materiel Command (AMC) and Chemical Material Agency (CMA). In that role, they have evaluated workers who have had possible or actual chemical or biological weapons agent exposures.

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, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.

 
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.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.

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