Two Ohio restaurant owners convicted for cheating workers’ comp system

Each owes BWC more than $9,400

The owner of a central Ohio restaurant must reimburse the Ohio Bureau of Workers’ Compensation (BWC) $9,406 after his former employer accused him of cheating the agency.

Mark J. Cothern, of Danville, Ohio, in Knox County, also must serve three years probation after pleading guilty Aug. 11 to one fifth-degree felony count of attempted workers’ compensation fraud in the Knox County Court of Common Pleas. Investigators found Cothern, who was injured while working for a Mount Vernon employer in 2014, was receiving BWC benefits while working at his restaurant in Danville, the Score-board Drive-in.

“We conducted multiple undercover and surveillance operations, which supported the allegation we received,” said Jim Wernecke, director of BWC’s special investigations department.

In other news, the owner of a northeast Ohio restaurant pleaded guilty Aug. 18 to a second-degree misdemeanor count of failure to comply after he refused to cooperate with BWC to reinstate his workers’ comp coverage.

Elton Rista must pay BWC for back premiums totaling $9,478 for operating his Avon Lake restaurant without workers’ compensation coverage from June 30, 2011 through Aug. 7, 2015. He was also sentenced to two years of community control.

To report suspected workers’ compensation fraud, call 1-800-644-6292 or visit bwc.ohio.gov.

BWC fraud investigators secure 6 convictions in July

The Ohio Bureau of Workers’ Compensation secured seven convictions in July of employers and injured workers who attempted to cheat the agency.

The cases raise the year’s total convictions for BWC’s special investigations department (SID) to 90.

“Workers’ compensation fraud raises the cost of the system for everyone involved,” said SID Director Jim Wernecke. “I hope these latest convictions serve as a reminder to those attempting to steal from BWC: We have investigators all over the state. We will find you, bring you to justice and make you repay the funds you illicitly acquired.”

Those convicted last month include:

Robert Leonard of Niles, Ohio, and McMenamy’s LLC
A Trumbull County judge on July 31 found Leonard guilty of one misdemeanor count of attempted workers’ compensation fraud and his restaurant guilty of a fourth-degree felony count of workers’ compensation fraud. Leonard failed to comply with repeated attempts by BWC to reinstate lapsed coverage for his business, McMenamy’s LLC. Leonard paid full restitution to BWC in the amount of $13,224.

Donna Roethlisberger of Lima, Ohio
Roethlisberger, doing business as Complete Cleaning of NWO, pleaded guilty July 20 to two counts of tampering with records, both third-degree felonies, after investigators found she obtained BWC certificates of coverage under her employees’ names without their knowledge. Sentencing is scheduled for Aug. 30 in the Putnam County Court of Common Pleas.

Joseph Stewart of Titusville, Florida
Stewart pleaded guilty July 20 in the Franklin County Court of Common Pleas to one count of workers’ compensation fraud, a first-degree misdemeanor, after investigators found him assembling countertops, kitchen cabinets and a display case for a market in Toledo while collecting temporary total disability benefits. A judge ordered Stewart to serve five days in jail, five years of community control and to pay restitution of $4,160 to BWC.

Michael R. Strickland of Woodville, Ohio
Strickland pleaded guilty July 10 in Franklin County to one count of workers’ compensation fraud, a first-degree misdemeanor, after investigators found him delivering mail for a trucking company while collecting BWC benefits. Investigators say Strickland did not report his work activity until three months after he was off disability and had returned to work. He received no sentence.

To report suspected workers’ compensation fraud, call 1-800-644-6292 or visit bwc.ohio.gov.

Cleaning company owner soils record in workers’ comp scheme

A northwest Ohio woman with lapsed workers’ compensation coverage pleaded guilty last month to felony charges of tampering with records after investigators found she obtained new coverage under her employees’ names to avoid paying her debt to the Ohio Bureau of Workers’ Compensation (BWC).

Donna Roethlisberger, owner of Complete Cleaning of Northwest Ohio, pleaded guilty to two third-degree felony counts of tampering on July 20 in the Putnam County Court of Common Pleas. Third-degree felonies carry a maximum penalty of five years in prison and a $10,000 fine.

BWC’s special investigations department (SID) opened its investigation of Roethlisberger after receiving an allegation from the Putnam County Sheriff’s Office advising it had received a complaint from a woman who used to work for Roethlisberger. The former employee told the sheriff’s office that after filing her taxes she was notified the state was not issuing her a refund because of the debt she owed BWC for her cleaning business. The woman advised she never owned a cleaning business.

BWC’s confirmed the employee’s allegation. In addition, investigators discovered Roethlisberger opened another BWC policy under a different employee’s name after she let the first fraudulent policy lapse. Roethlisberger confessed when confronted by investigators.

Ohio law requires employers to carry workers’ compensation coverage. Oftentimes, employers must produce a certificate of coverage when entering contracts with other businesses or government entities for their service.

“It’s disappointing to see employers concoct schemes like this to avoid their responsibilities under the law,” said SID Director Jim Wernecke. “We appreciate the challenges of running a business, but if an employer is falling behind on their BWC premiums, they need to call us and we’ll work with them. Cutting corners or trying to cheat the system will always cost them more in the long run.”

Roethlisberger’s sentencing is scheduled for Aug. 30.

To report suspected workers’ compensation fraud, call 1-800-644-6292 or visit bwc.ohio.gov.

Woman commits fraud seeking medical benefits through workers’ comp

A Columbus woman pleaded guilty to workers’ compensation fraud this week after filing three false claims for medical benefits since 2012.

Shardette Nyarko, 36, pleaded guilty Tuesday to a first-degree misdemeanor charge of workers’ compensation fraud in the Franklin County Court of Common Pleas. A judge fined her $100, then suspended the fine.

Investigators with the Ohio Bureau of Workers’ Compensation discovered Nyarko’s false claims last year while conducting a routine review of disallowed injury claims. They found Nyarko filed a false claim in April 2016 and two in 2012. Nyarko stated in her claims that she was at work at the time of her injuries, but investigators determined she was not employed at the time she said she was injured.

When questioned by investigators, Nyarko explained that she needed medical treatment she could not afford.

To report suspected workers’ compensation fraud, call 1-800-644-6292 or visit bwc.ohio.gov.