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Archive for December, 2017

Five Northeast Ohioans convicted of work comp fraud

Four claimants and one employer from northeast Ohio were sentenced in November for defrauding the Ohio Bureau of Workers’ Compensation (BWC).

The cases bring the year’s total convictions for BWC’s special investigations department (SID) to 121.

“BWC is in the business of caring for injured workers and promoting safe workplaces, not doling out thousands of dollars to cheaters,” said SID Director Jim Wernecke. “We’ll return these funds to where they belong and turn our attention to others working the system to avoid paying their share or to collect payments they don’t deserve.”

Among those convicted last month:

Geoffrey Cigany, of Chardon, Ohio, pleaded guilty Nov. 8 to a first-degree misdemeanor count of workers’ compensation fraud for working while receiving BWC benefits. An anonymous allegation led to an investigation that found Cigany worked as a handyman/carpenter for WC Gotts Holdings, Inc. while receiving benefits between March 2014 and September 2014. Cigany paid restitution in full in the amount of $8,499. A Franklin County judge ordered Cigany to pay a fine and waived court costs.

Harvey Short, dba ASAP Transport, of Garfield Heights, Ohio, was convicted Nov. 16 of a second-degree misdemeanor count of failure to comply for falsifying his workers’ compensation certificate of coverage. The certificate raised suspicion after Short provided it to a local company as proof of coverage because it showed a different policy number than the one he provided the prior year. Short admitted to falsifying the certificate and was ordered by a Garfield Heights Municipal Court judge to pay restitution of $150 and court fees.

Laitanya Dinkins, of Euclid, Ohio, pleaded guilty Nov. 2 to a first-degree misdemeanor count of workers’ compensation fraud for working while receiving BWC benefits. A database cross match with the Ohio Department of Job and Family Services tipped investigators off that Dinkins returned to work as a home health aide while receiving BWC benefits. A Franklin County judge sentenced Dinkins to 90 days in jail (suspended) and three years of community control. She was also ordered to pay restitution of $3,716.

Christopher Gattarello, of Lyndhurst, Ohio, pleaded guilty Nov. 22 to a fifth-degree felony count of workers’ compensation fraud for working while receiving benefits from BWC. The investigation began after a claims representative noted construction noise in the background during every phone conversation with Gattarello about his injury claim. Investigators found Gattarello, the owner of several Cleveland-area garbage-hauling companies, returned to work as a driver/heavy equipment operator. Gattarello was sentenced in a Franklin County courtroom to 186 days in jail with credit for time served. He was already serving 57-months in prison on federal charges of money laundering and violating the Clean Air Act. Read more about his case and view surveillance video here.

Timothy S. Lumsden, of Avon Lake, Ohio, pleaded guilty to a fifth-degree felony count of workers’ compensation fraud for working while receiving BWC benefits. Acting on a tip in 2015, BWC investigators determined Lumsden had returned to work as an independent carpenter at the Federal Knitting Mills Building in Cleveland while collecting temporary total disability benefits. A Franklin County judge ordered Lumsden to pay BWC $5,385 in restitution. He also sentenced Lumsden to 11 months in jail (suspended) and community control for three years.

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

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Ohio carpenter nailed for work comp fraud

Pomeroy man one of two southeastern Ohioans convicted of fraud last week

A southeastern Ohio man must reimburse the Ohio Bureau of Workers’ Compensation (BWC) more than $23,000 after investigators found him working several jobs while collecting injured worker’s benefits.

Ernest Shawn Baker, 45, of Pomeroy in Meigs County, also must serve five years of community control after pleading guilty to a fifth-degree felony count of workers’ compensation fraud Nov. 29 in the Franklin County Court of Common Pleas. His probation could terminate sooner upon full payment of $23,128 in restitution.

“We discovered that Mr. Baker went back to work as a carpenter soon after his injury in 2014, and he deliberately didn’t tell us,” said Jim Wernecke, director of BWC’s special investigations department. “We interviewed union officials and others and found he had worked for a dozen different employers while defrauding our agency.”

In another fraud case, an Athens County man on BWC benefits since 1997 has lost his benefits after investigators found him working again for cash under the table.

Mark McIntosh, 51, of Millfield, pleaded guilty Nov. 28 in a Franklin County courtroom to a first-degree misdemeanor count of workers’ compensation fraud. A judge fined McIntosh $100, then suspended it, and declined to order restitution because of McIntosh’s age and financial situation.

McIntosh worked as a log seller and chain saw operator when he was injured on the job in January 1997. Acting on a tip, BWC investigators found him overseeing a firewood processing plant and hauling firewood while concurrently receiving permanent total disability benefits.

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

Cleveland convict adds work comp fraud to criminal record

December 1, 2017 1 comment

State crimes followed 2015 conviction on several federal charges

A Cleveland garbage hauler and construction worker serving time in a federal prison for fraud, money laundering and violating the Clean Air Act pleaded guilty to workers’ compensation fraud last week.

Christopher Gattarello, 53, pleaded guilty Nov. 22 to a fifth-degree felony count of workers’ compensation fraud for working while receiving temporary disability benefits from the Ohio Bureau of Workers’ Compensation. A judge in the Franklin County Court of Common Pleas sentenced Gattarello to 186 days in jail with credit for time served.

“This was pretty easy detective work on our part, thanks to our customer claims staff,” said Jim Wernecke, director of BWC’s special investigations department. “Every time our claims representatives telephoned Gattarello about his injury claim, they could hear construction noise in the background. We simply followed up from there.”

Wernecke noted that Gattarello’s fraud against BWC started in March 2015, the same month he was convicted on the federal charges. BWC investigators determined Gattarello worked as a driver/heavy equipment operator through Aug. 16 that year and again from November 2015 through June 2016 while concurrently receiving BWC benefits.

Gattarello, the owner of several Cleveland-area garbage-hauling companies, was sentenced in June this year to 57-months in prison for ordering the 2012 demolition of the asbestos-laden National Acme Building in Cleveland’s Glenville neighborhood. Gattarello had been leasing the building and storing garbage there. The demolition released harmful toxins into the air near several homes and a school.

In a related case, Gattarello also was convicted in 2015 for conspiracy to commit wire fraud and money laundering for defrauding a Louisiana company out of nearly $1.2 million. He was accused of submitting false invoices for work his companies never performed, then using more than $12,000 of ill-gotten money to pay off his personal credit card.

Other news
In a separate BWC fraud case last week, another Cleveland-area man pleaded guilty to a fifth-degree felony count of workers’ compensation fraud for working while receiving BWC benefits.

A Franklin County judge on Nov. 22 ordered Timothy S. Lumsden, 50, of Avon Lake, to pay BWC $5,385 in restitution. He also sentenced Lumsden to 11 months in jail (suspended) and community control for three years.

Acting on a tip in 2015, BWC investigators determined Lumsden had returned to work as an independent carpenter at the Federal Knitting Mills Building in Cleveland while collecting temporary total disability benefits.

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