WORKERS' COMPENSATION INSURANCE FRAUD- Insurance Code §1871.4–Denial of motion to reduce the convictions to misdemeanors–Determining whether to reduce a felony conviction to a misdemeanor includes consideration of the nature of the offense, the continuing nature of the offense, that a number of different false statements or opportunities to provide true information were not taken, and that the defendant hid information or failed to disclose the information to the employer. (In this case, an LAPD officer assigned to the Internal Affairs Unit sustained an industrial knee injury and, while receiving workers' compensation disability payments, worked as a private security guard in violation of LAPD policy.) People v. Marianna McLeod Gallegos 8 WCAB Rptr. 10,139 ___Cal.App.4th___
WORKERS' COMPENSATION INSURANCE FRAUD¬ Insurance Code §1871.4–Denial of motion to reduce the convictions to misdemeanors–Determining whether to reduce a felony conviction to a misdemeanor includes consideration of the nature of the offense, the continuing nature of the offense, that a number of different false statements or opportunities to provide true information were not taken, and that the defendant hid information or failed to disclose the information to the employer. (In this case, an LAPD officer assigned to the Internal Affairs Unit sustained an industrial knee injury and, while receiving workers' compensation disability payments, worked as a private security guard in violation of LAPD policy.) People v. Marianna McLeod Gallegos 8 WCAB Rptr. 10,139 ___Cal.App.4th___
WORKERS' COMPENSATION FRAUD– Insurance Code §1871.4– It is unlawful to make or cause to be made a knowingly false or fraudulent material statement or material representation for the purpose of obtaining workers' compensation benefits. Circumstantial evidence may prove a criminal case. (See People v. Bean (1988) 46 Cal.3d 919.) [In this case, the injured worker's frequent changes in the description of the causation of the injury and the conclusions of witnesses with relevant expertise that the worker could not have been injured as he claimed was substantial evidence on which the conviction of workers' compensation fraud was based.] People v. Jeffrey Lloyd Korn 7 WCAB Rptr. 10,310 ___Cal.App.4th___
WORKERS' COMPENSATION INSURANCE FRAUD– Effect of fraud conviction– Insurance Code §1871.5– A claim for partial permanent disability indemnity is barred under Labor Code §1871.5 because the applicant's misrepresentations related to the extent of his alleged disability. Golden Eagle Insurance Corporation v. Workers' Compensation Appeals Board, (Antonio Torres Hernandez) 3 WCAB Rptr. 10,331
INSURANCE FRAUD– Labor Code §1871.4(a)(1)– The only intent required by the statute is the intent to obtain workers' compensation benefits-the statute requires the criminal defendant to knowingly make a false statement for the purpose of obtaining compensation benefits. (See People v. Webb (1999) 74 Cal.App. 4th 688, 1 WCAB Rptr. 10,075.) People v. Eliodoro Dieguez. 3 WCAB Rptr. 10,163
INSURANCE FRAUD– Effect of fraud conviction– Insurance Code §1871.4(a)(1)– Is it improper to award permanent disability to an injured worker convicted of workers' compensation insurance fraud based upon specific misrepresentations regarding the nature and extent of his disability? Golden Eagle Insurance Corporation v. Workers' Compensation Appeals Board, (Antonio Torres Hernandez) 3 WCAB Rptr. 10,149
INSURANCE FRAUD– Order for restitution– Labor Code §1871.4(a)– The workers' compensation insurance carrier is the direct victim of the crime of workers' compensation fraud and the court may order the criminal defendant to pay victim restitution to the insurance carrier as a condition of probation for losses occasioned by the fraudulent claim for workers' compensation benefits. The People v. Scarlett O'Casey. 3 WCAB Rptr. 10,147
