Try as he might, tree trimmer can’t cheat BWC and get away with it

Akron man earns second conviction for fraudulent activity

An Akron tree trimmer with a history of cheating the Ohio Bureau of Workers’ Compensation (BWC) owes more than $17,000 in restitution to the state agency following his guilty plea last month in a Summit County courtroom.

Matthew Mueller, 46, of Mueller Tree & Landscape, pleaded guilty Feb. 16 in the Summit County Court of Common Pleas to one count of workers’ compensation fraud, a fourth degree felony. The conviction, Mueller’s second on similar charges since 2005, followed a BWC investigation that found Mueller under-reported his payroll to lower his BWC premiums by thousands of dollars.

“It’s unfortunate that one criminal conviction isn’t enough for some people to learn a lesson,” said BWC Administrator/CEO Sarah Morrison. “The funds we recover from Mr. Mueller will go to their proper place — taking care of injured workers and creating safe workplaces across this state.”

A judge sentenced Mueller to 24 months of community control and ordered him to pay $17,366 in restitution to BWC. Mueller also must bring his business into compliance with Ohio workers’ compensation law.

The employer fraud unit of BWC’s Special Investigations Department got a tip in 2012 that Mueller was intentionally under-reporting his payroll. BWC found he was misclassifying employees as subcontractors and advised him how to correctly report his payroll. Three years later, however, BWC found Mueller misclassifying his employees and again under-reporting his payroll, this time by nearly $40,000 for the first half of 2015 alone.

Mueller’s earlier troubles with BWC resulted in a guilty plea in August 2005 to forgery, tampering with records and failure to pay workers’ compensation coverage. He was sentenced to eight months incarceration, suspended, and two years of probation.

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

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