Home > Uncategorized > Nursing Assistant Goes Down for WC Fraud

Nursing Assistant Goes Down for WC Fraud

Your humble blogger doesn’t have the best hearing in the world.  Sometimes, it seems like I can hear the vague whispers of “Bubble Blogger is a Frog” only to discover, upon closer inspection, that the uninformed are actually whisper “Humble Blogger is a Fraud”.

I will let you in on a little secret, dear readers, so long as you promise to keep it between us (and literally anyone who reads this publication).

I’m not thaaaaat humble.  To quote Golda Meir – “don’t be humble… you’re not that great.”

In any case, although your humble blogger may not be as humble as he humbly declares (I can hear you now, muttering “stop saying ‘humble’!”) at least I’m not a workers’ compensation fraud!

The same cannot be said for 33-year-old nursing assistant Holly Miller, who was recently sentenced to 3 years of probation and ordered to pay over $8k in restitution. 

According to the above-linked Sacramento District Attorney’s press release, convict Miller alleged an injury to her wrist, sustained (as claimed) when a patient grabbed her hand and twisted and jerked it repeatedly.

After her employer Sutter arranged for sub rosa, video was obtained showing her using the “injured” hand and wrist without limitation or pain.

Miller pled no contest to misdemeanor fraud.

WCDefenseCA tips its hat to the good folks at the Sacramento County District Attorney’s office and DDA John MacKenzie for a job well done in bringing this file to completion.  Your humble blogger once had the privilege of walking the halls of the Sacramento DA’s office as a law student and remembers fondly those days of furthering justice.

Often enough, applicant attorneys will start flapping their proverbial wings and hyperventilating if an applicant is asked, during a deposition or on cross-examination, if he or she has ever been convicted of a misdemeanor, which Ms. Miller most certainly has.  This fact is especially relevant if the misdemeanor had to do with fraud, deceit, or dishonesty.  BUT, it is important to remember that so many of the legal and medical conclusions are rooted in the presumption that the person relaying the basic facts is telling the truth.

We don’t call people liars without basis.  Well, when you have a misdemeanor conviction for lying there’s a basis.  And it’s a weak argument indeed to say “well Jane Doe lied about how she was hurt, but she’s not lying about HOW MUCH it hurts!”

Congratulations to the Sacramento District Attorney for a job well done!

Categories: Uncategorized Tags:
  1. No comments yet.
  1. No trackbacks yet.