Happy Wednesday, dear readers!

As we are puffing along and wrapping up 2020, the workers’ compensation machine continues to chug along.  But, just as every ship comes with rats and every muffin top comes with a stump, our beloved workers’ comp system continues to be drained by fraud.

Last week, Serio Ordonez of Ventura pled guilty to workers’ compensation fraud and was sentence to 120 days in jail after making restitution in full of over $26,000 to his employer’s workers’ compensation insurer.  Apparently, Mr. Ordonez sustained an injury while working as a janitor and went out on temporary disability benefits, only to start another job at another employer while still on TD.

The restitution is a big win for employer and insurer – often enough ill-gotten money of this sort is already spent by the time justice is visited upon the fraudster.  Further, restitution rarely covers the cost of investigation or prosecution.

Hopefully the conviction and restitution sends a warning to other would-be fraudsters about some of the consequences of cheating the system.  At the same time, it should serve as a reminder for all of us in the defense community that workers’ comp fraud continues to occur, and that sub rosa and investigation (rather than just process and pay as some applicant attorneys would want us to do) are worthwhile.

In any case, dear readers, Christmas is just around the corner, so let’s keep our chins up.  If life turns you into a muffin, choose to be the top – not the stump!