A Cincinnati-area man who claimed to be permanently disabled from work while earning more than $100,000 preparing tax returns owes the Ohio Bureau of Workers’ Compensation (BWC) nearly $57,000 in restitution.
A judge ordered Fernando Cruz, of Maineville in Warren County, to pay BWC $2,000 up front, followed by payments of at least $150 a month, according to his May 12 sentence on a fifth-degree felony conviction for workers’ compensation fraud.
“Mr. Cruz was supposed to be permanently and totally disabled from work, but we found evidence that he was working as a tax preparer from at least January 2011 through December 2014,” said Jim Wernecke, director of BWC’s Special Investigations Department. “It doesn’t matter if you’re sitting at a desk crunching numbers or spreading asphalt in the hot July sun — if you’re working and earning income, in this case more than $100,000, you’re not permanently disabled and you’re not entitled to BWC benefits.”
Cruz, 68, owes BWC $56,705. A Franklin County judge sentenced him to five years of community control and warned him that he will serve 11 months in jail if he violates the conditions of his control. She also ordered Cruz to return to court Sept. 7 with a financial statement indicating his ability to pay.
To report suspected workers’ compensation fraud, call 1-800-644-6292 or visit bwc.ohio.gov.