Monday, December 8, 2008

N.Y. Man Rides His Way Into a Work Comp Scam

An Ulster County, New York man who claimed he was totally disabled and unable to work was arrested for fraud after investigators reportedly produced videotapes showing him moving furniture and riding a motorcycle without the cane he appeared to lean on heavily during medical exams.

Joseph A. Gambino, 58, of Saugerties, was arrested for fraudulently accepting more than $77,800 in workers’ compensation benefits. He was charged with insurance fraud, grand larceny, offering a false instrument for filing and workers’ comp fraud.

Gambino was arrested by State Police at Kingston following a joint investigation by Joseph Kochetta of the New York State Insurance Department’s Frauds Bureau, David Lemerise of the New York State Workers’ Compensation Board Inspector General’s office, and John Cozzolino, an investigator with the New York State Insurance Fund.

According to Kochetta, Gambino started collecting workers’ comp benefits from the Insurance Fund after claiming he suffered a job-related back injury. He collected benefits from May 2003 until September 2006.

However, investigators captured videotaped images of Gambino reportedly engaging in various physical activities without the cane he used when appearing for medical exams or hearings held in connection with his workers’ comp benefits.

Gambino was released in his own recognizance following his arraignment before Kingston City Judge James Kilpatrick pending a hearing scheduled for Dec. 11.

If he is convicted, Gambino could be sentenced to up to 15 years in prison.

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