WCDefenseCA

Happy Friday, dear readers!

Here we are again: another week is wrapping up, and another blog post about alleged workers’ compensation fraud by one of the community’s heroes.

Now, as always, your humble blogger must preface this by saying the fraud is only alleged.  No one has been convicted at this point, which is why your humble blogger declines to name names.  That being said, the allegations are illustrative for our own case-loads, and why we must be ever vigilant for fraud.

A firefighter for the City of Hollister has been charged with four felony counts including workers’ compensation fraud after he was caught, allegedly, working a second job while collecting temporary disability benefits.  As claimed by the prosecution, the firefighter had about nine months of collecting a second paycheck while still receiving temporary disability benefits.  He denied post-injury employment in a deposition.

Your humble blogger hopes the truth comes out and justice is served, of course, but bear with me a moment while we contemplate the implications if the prosecution is correct in all its charges and factual allegations.

In such a scenario, the firefighter has cheated the taxpayers by collecting money on TD to which he was not entitled.  He has cheated the taxpayers a second time by likely aggravating his condition through continued work, necessitating additional medical treatment.  He has cheated the taxpayers a third time by increasing the administrative costs of addressing his workers’ compensation claim, including investigation and prosecution.  And he has cheated the taxpayers a fourth time, by dishonoring his profession and poisoning the respect and admiration held for the firefighters all over California, who so regularly put themselves in harms way to the benefit of us all.

But the harm doesn’t stop there.  If this firefighter lied to his post-injury employer about the need for accommodations, the employer is likely exposed to a potential claim from the City of Hollister’s fire department for reimbursement or an application alleging a cumulative trauma for that period.  The subsequent employer is likely taken by surprise and now has increased workers’ compensation premiums to look forward to.

Let this be a reminder to us all – no human being, no matter how generously he or she is compensated, and no matter how otherwise noble or honorable his or her profession, is with certainty beyond the pull of greed and beyond the enticement of deceit.  While the injured worker’s occupation certainly matters when it comes to rating out permanent disability, it has no bearing on the level of vigilance that is called for in defending a claim.

Have a good weekend, dear readers.  Let those of us who can sleep the sleep of the just.