Monday, January 26, 2009

New Yorker Nabbed in Workers' Comp Scheme

A Suffolk County, New York man who claimed a job-related back injury prevented him from working was arrested for fraudulently accepting $7,150 in workers’ compensation benefits, the New York State Insurance Department reported.

Jesus A. Cossio, 45, of Brentwood, was charged with workers’ comp fraud following an investigation by the Insurance Department, the New York State Insurance Fund and the Inspector General’s Office of the Workers’ Compensation Board. He was arrested by the Suffolk County District Attorney’s office.

According to Solomon Jones, an investigator with the Insurance Department’s Frauds Bureau, Cossio submitted signed statements to the Insurance Fund falsely claiming he was unable to work after injuring his back while employed as a laborer. Jones said investigators found that Cossio was working as a porter and maintenance attendant while collecting the benefits.

If he is convicted, Cossio could be sentenced to up to four years in prison.

1 comment:

Anonymous said...

Obviously, those who work while claiming to be out of work in order to receive Workers' Compensation should be convicted of fraud, but let's not try this guy in the public forum before he gets his day in court.

For instance, I had one client who was challenged on Fraud by the State Insurance Fund where my client was able to produce evidence that he had notified the State Insurance Fund in writing of his work prior to engaging in it. Even while working he was still entitled to the maximum rate, so after he held a phone conversation informing the State Insurance Fund of his work, and then followed up with a letter, he thought it was acceptable to just keep receiving Workers' Compensation on a Reduced Earnings Basis (which is what the law does indeed allow). Once my client produced the proof, the State Insurance Fund still didn't back down, however, and even now the issue is being decided on appeal, although I believe my client will certainly beat the fraud charge.

Again, people need to reserve judgement until the facts are all in.
So, don't just accept the fact of an arrest as proof of guilt, because the guy in this article needs to get his day in court. Maybe, similar to my client, there is a reasonable defense to the allegations of fraud.