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California Construction Worker Accused of Committing Workers’ Compensation Fraud

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greyson-joralemon-A1g0oeX29ec-unsplash-300x169A California construction worker who allegedly claimed the injuries he suffered in a fight were work-related has been arraigned in Merced County Superior Court for workers’ compensation insurance fraud.

Meliton Hernandez Martinez Jr., 23, of Atwarter faces felony counts of insurance fraud and a misdemeanor count of filing a false police report. It is unclear if he has acquired the services of an attorney.

According to a news release, Hernandez Martinez filed a workers’ compensation claim with his employer and allegedly provided false statements about the circumstances that led to his injury.

It is unclear when or where the alleged injury occurred, but an investigation by the California Department of Insurance revealed that he had allegedly made inappropriate gestures to an unnamed woman in the parking lot during his mid-morning break and was confronted by her boyfriend, a U.S. Marine, who reportedly told him to be respectful. Surveillance footage from the parking lot purportedly shows Hernandez Martinez, without provocation, punching the Marine in the face multiple times. He was then stabbed in the abdomen and the arm, which investigators later determined to have done in self-defense, sources indicate.

Hernandez Martinez had to be airlifted to a local hospital for treatment. He allegedly filed a workers’ compensation claim with his employer to have his medical bills covered, claiming his injuries were inflicted while he was on the job. However, his claim was later denied by his employer’s insurer after the Department of Insurance discovered that he was the initial aggressor in the fight, and toxicology results revealed he was allegedly under the influence of alcohol and cannabis at the time of the incident.

Hernandez Martinez’s case is being prosecuted by the Merced County District Attorney’s Office. The press release announcing his arraignment noted that these allegations are merely accusations and that the accused is presumed innocent until proven guilty through court proceedings.

Workers’ compensation is an insurance fund that covers an injured worker’s medical bills, temporary or permanent disability benefits, portion of lost income, cost of physical rehabilitation, and sometimes even death benefits for the next of kin of a worker killed while on the job.

Almost every state requires businesses to operate with workers’ compensation insurance with specific rules on how compensation claims, payments, legal proceedings, and procedures function. Making this type of insurance mandatory incentivizes businesses to keep their workers safe and reduces the risk of civil litigation against employers.

Making false statements and committing fraud to obtain compensation benefits is a severe offense with penalties that can include prison time and hefty fines. Anyone suspected of committing workers’ compensation fraud should immediately consult an experienced attorney who can review the evidence and plan the best course of action to minimize the potential penalties.

South Florida Workers’ Comp Fraud Attorney

Are you accused of committing workers’ compensation fraud in Florida? Contact Brian Silber, P.A. to set up a free initial consultation with one of South Florida’s most experienced workers’ compensation fraud attorneys.

Source: 8.11.20 Atwater construction worker arraigned for workers’ comp insurance fraud.pdf

Construction Business Owners Arrested for Workers’ Compensation Fraud

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scaffold-1207389_1920-300x200Two business owners in upstate New York were arrested last week for their part in an alleged workers’ compensation fraud scheme.

Jose Sanchez, age 50, resident of state capital Albany, is owner of Sanchez Partner Construction, and Leroy Nelson Jr., age 38, also of Albany, is owner of JRN Construction. Sanchez and Nelson have each been charged with the felony count “first-degree offering a false instrument for filing.” Sanchez has also been charged with the misdemeanor count “failure to secure workers’ compensation.”

The pair are alleged to have filed fraudulent documents relating to a construction project in the city of Amsterdam, New York. Sanchez Partners Construction was contracted for a roofing project on Pulaski Street, but in late October 2018, the city’s engineering department ordered that work cease on the project as no permit to build had been issued.

Sanchez applied for a permit on 5 December. As part of his application, Sanchez claimed his company had no employees. In New York state, companies where the business owner has no employees are not required to carry workers’ compensation insurance. An investigation by the Office of the Inspector General, however, showed that Sanchez did, in fact, have a number of employees working on the project. Since Sanchez had no workers’ compensation insurance coverage, his permit application was denied.

The following day, Nelson applied for a permit for the same project. Nelson claimed his company would take over the project. Since Nelson’s company carried workers’ compensation insurance for its employees, the permit was granted.

The investigation showed that JRN Construction did not take over the project, nor was it involved in any way with the construction. Instead, Sanchez Partner Construction continued work on the project.

In recent months, I have reported on many similar cases from across the country. For example, in Monterey in California, Salvatore Carbone claimed he had no employees at his bar in order to avoid paying workers’ compensation insurance premiums. Carbone was sentenced to 40 days in jail and three years’ probation. As long as he completes his period of probation satisfactorily, he will not need to pay the statutory $10,000 fine.

In Ohio, Craig Snee was found guilty of misclassifying workers in order to reduce his workers’ compensation rates. For example, he classified his truck drivers as office workers because office workers are a lower-risk job. The Stark County Prosecutor’s Office determined that Snee owed around $350,000 in unpaid premiums.

Since workers’ compensation can represent a sizeable overhead for businesses—especially businesses in high-risk fields such as construction—business owners may be tempted to try to reduce their premiums or avoid them altogether in order to stay competitive. Ultimately, however, these companies are putting the health of their employees at risk, breaking the law, and also raise the cost for companies that follow the rules.

This is the second time Nelson has been charged in relation to a workers’ compensation fraud investigation. In 2016, he was found guilty of a charge of first-degree offering a false instrument for filing.

“These two contractors, one of whom with a recent history of fraud, chose a course of deception over honest business practices,” said New York’s inspector general, Catherin Leahy Scott. “My office and our local and state enforcement partners will not tolerate any corruption of a critical benefits program meant to protect honest, hard-working employees.”

Florida Workers’ Compensation Fraud Defense Attorney

If you are involved in a worker’s compensation fraud investigation, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced workers’ compensation fraud defense attorneys.

Source

2019-04-16 Albany Contractors Accused in Amsterdam Workers’ Compensation Fraud

Construction Business Owners Arrested for Workers’ Compensation Fraud

By

scaffold-1207389_1920-300x200Two business owners in upstate New York were arrested last week for their part in an alleged workers’ compensation fraud scheme.

Jose Sanchez, age 50, resident of state capital Albany, is owner of Sanchez Partner Construction, and Leroy Nelson Jr., age 38, also of Albany, is owner of JRN Construction. Sanchez and Nelson have each been charged with the felony count “first-degree offering a false instrument for filing.” Sanchez has also been charged with the misdemeanor count “failure to secure workers’ compensation.”

The pair are alleged to have filed fraudulent documents relating to a construction project in the city of Amsterdam, New York. Sanchez Partners Construction was contracted for a roofing project on Pulaski Street, but in late October 2018, the city’s engineering department ordered that work cease on the project as no permit to build had been issued.

Sanchez applied for a permit on 5 December. As part of his application, Sanchez claimed his company had no employees. In New York state, companies where the business owner has no employees are not required to carry workers’ compensation insurance. An investigation by the Office of the Inspector General, however, showed that Sanchez did, in fact, have a number of employees working on the project. Since Sanchez had no workers’ compensation insurance coverage, his permit application was denied.

The following day, Nelson applied for a permit for the same project. Nelson claimed his company would take over the project. Since Nelson’s company carried workers’ compensation insurance for its employees, the permit was granted.

The investigation showed that JRN Construction did not take over the project, nor was it involved in any way with the construction. Instead, Sanchez Partner Construction continued work on the project.

In recent months, I have reported on many similar cases from across the country. For example, in Monterey in California, Salvatore Carbone claimed he had no employees at his bar in order to avoid paying workers’ compensation insurance premiums. Carbone was sentenced to 40 days in jail and three years’ probation. As long as he completes his period of probation satisfactorily, he will not need to pay the statutory $10,000 fine.

In Ohio, Craig Snee was found guilty of misclassifying workers in order to reduce his workers’ compensation rates. For example, he classified his truck drivers as office workers because office workers are a lower-risk job. The Stark County Prosecutor’s Office determined that Snee owed around $350,000 in unpaid premiums.

Since workers’ compensation can represent a sizeable overhead for businesses—especially businesses in high-risk fields such as construction—business owners may be tempted to try to reduce their premiums or avoid them altogether in order to stay competitive. Ultimately, however, these companies are putting the health of their employees at risk, breaking the law, and also raise the cost for companies that follow the rules.

This is the second time Nelson has been charged in relation to a workers’ compensation fraud investigation. In 2016, he was found guilty of a charge of first-degree offering a false instrument for filing.

“These two contractors, one of whom with a recent history of fraud, chose a course of deception over honest business practices,” said New York’s inspector general, Catherin Leahy Scott. “My office and our local and state enforcement partners will not tolerate any corruption of a critical benefits program meant to protect honest, hard-working employees.”

Florida Workers’ Compensation Fraud Defense Attorney

If you are involved in a worker’s compensation fraud investigation, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced workers’ compensation fraud defense attorneys.

Source

2019-04-16 Albany Contractors Accused in Amsterdam Workers’ Compensation Fraud

Construction Worker Samuel Landis Loses Leg in Faulty Miami Beach Condo Demolition

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Construction worker Samuel Landis reportedly lost his leg on Monday after the debris from the demolition of a condo in Miami Beach spread further than expected. His condition is listed as critical.

According to news sources, the building slated for demolition was a 13-story, 55-year-old condominium building known as the Marlborough House at 5775 Collins Avenue. The entire building collapsed in seconds, sending debris flying through the area. The debris and dust spread across avenue and shut down one of the main roads.

“The building collapsed in an unsafe manner, causing debris and thick smoke to cover Collins Avenue,” a Miami Beach patrol officer wrote in the incident report. “(He and another officer) quickly entered our patrol vehicle to escape the thick smoke.”

Some of the debris crashed into Landis, 46. He was found unconscious on the ground with a severed leg by the two police officers. They performed chest compressions on him until he regained consciousness. He was transported to Jackson Memorial Hospital, where he remains in critical condition.

People in neighboring buildings were informed of the scheduled demolition before the collapse on Monday. Miami Beach Fire Rescue performed a search of the rubble, but found no additional victims.

“All of the construction workers were accounted for and as a precaution they deployed search and rescue dogs and cadaver dogs,” Miami Beach Mayor Dan Gelber told news sources.

Officials have not yet determined what went wrong during the demolition. The building was bought by developer Jose Isaac Peres. He reportedly plans to build a 19-story building on the site, hence Monday’s demolition. Peres’ development company referred all questions to contractor Winmar Construction, Inc.

Winmar released a statement describing the incident as a “construction accident” and said the planned and approved demolition was conducted by subcontractor AlliedBean Demolition.

“We are working closely with city officials and industry agencies to understand what happened during Allied’s demolition of the structure,” Luis Leon, president of Winmar Construction, said in a statement to the press. He referred all questions about the incident to AlliedBean Demolition.

Landis was one of AlliedBean Demolition’s project managers. He has started and operated several construction-related businesses in Florida and Illinois over the past two decades, including Omega Demolition from 2003 to 2013. AlliedBean has not released any statement about the incident.

Miami Beach police are reportedly investigating the incident from a criminal angle, while the Occupational Safety and Health Administration (OSHA) is investigating from a worker safety angle. Building inspectors have already determined that the adjacent buildings were not impacted by the collapse.

Personal Injury Attorney

If you have been injured in an accident, you should hire an attorney. Contact us to set up a free initial consultation and work with one of Florida’s most experienced personal injury attorneys.

Source: 7.24.18 faulty miami beach condo building demolition severed injured worker’s leg.pdf

Two Construction Workers Dead on I-95 in Miami, Florida

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Falling-wall-crushes-construction-workers-in-Miami-300x169Two construction workers lost their lives Sunday morning after an accident on the southbound express lane of Interstate 95 in Miami, Florida. Florida Highway Patrol (FHP) and Miami Fire Rescue were called to the scene just north of NW 62nd Street at around 3:20 a.m.

According to workers on the scene, the two men were repairing drainage pipes in a trench when a concrete barrier fell on them. The trench was in the center median.

Miami Fire Rescue worked with the construction company and used heavy equipment to lift the concrete so the workers could be moved. The express lane was shutdown until 10 a.m. while the operation was completed.

“We understand that there was two construction workers that were working along the trench that were pinned in by a retaining wall that’s along the highway,” Miami Fire Rescue Lt. Ignatius Carol told the press. “Now, as they assess the situation, they realize that, unfortunately, they were pronounced deceased here on the scene, and the next phase of this operation was how we were gonna remove them.”

The two workers have been identified as Osman Aldubin Montalvan-Ardon, 33, and Abel Orlando Zuniga-Fajardo, 37. Both men were immigrants from Honduras employed by Archer Western Construction Company.

“They’re hard working people and sadly today two lost their lives, and we’re in the process of reaching out to their families and it’s one of the saddest, toughest things that we do,” FHP spokesman Joe Sanchez told news sources. “You can only imagine the family.”

Investigators are still trying to determine why the wall fell. OSHA has been notified.

“Right now, it’s an ongoing investigation,” said FHP Trooper Joe Sanchez. “We do have [the Bureau of Criminal Investigations and Intelligence] investigating the case, and all that I can tell you is sadly, two construction workers lost their lives. We’re in the process of notifying their families as we investigate this case.”

Source: 4.2.18 two dead after construction accident on I-95 in Miami.pdf