BWC secures 11 convictions in May

Ohioans convicted in May of workers’ compensation fraud and related charges include a Cleveland-area man serving time in a federal prison on corruption charges, a former Toledo man working as a home inspector in Tennessee and two men who claimed to be permanently disabled but were earning tens of thousands of dollars working for themselves.

“These cases demonstrate our resolve to stop workers’ compensation fraud and protect the State Insurance Fund,” said BWC Administrator/CEO Sarah Morrison. “Whether you’re in prison or working in another state, we will find you, we will prosecute you and we will recover the funds you improperly acquired so they can be used for those who are legitimately injured on the job.”

As of May 31, BWC’s Special Investigations Department had secured 64 convictions this year on charges related to cheating the workers’ compensation system. Starting with the most recent convictions, May’s cases include:

Richard Claffey of Columbus, Working and Receiving
Claffey pleaded guilty on May 31 to a fifth-degree felony charge of workers’ compensation fraud after investigators found he had collected and sold 46 tons of scrap metal during a time he purported to be disabled.  He was sentenced to five years of community control and ordered to pay $35,000 in restitution to BWC.

Abdikani Diini, dba Aarans Business Center, of Columbus, No Coverage
Diini pleaded guilty May 25 to one count of failure to comply, a second-degree misdemeanor, after investigators found his policy had lapsed shortly after he worked with BWC to reinstate it.

A judge ordered Diini to pay the full balance owed to BWC, $1,021.

Daniel McClellan of the village of Coalton, Working and Receiving
McClellan pleaded guilty May 24 to a first-degree misdemeanor charge of workers’ compensation fraud after BWC investigators found him working multiple jobs while collecting temporary disability benefits for a workplace injury he suffered as a roofer in 2009. A judge ordered McClellan to pay BWC $11,875 in restitution and $4,000 for the cost of its investigation.

Jimmie Rankin of Marion, Working and Receiving
Rankin owes BWC $160,000 after pleading guilty May 17 to a fourth-degree felony charge of workers’ compensation fraud. Rankin, who claimed to be permanently disabled, was also sentenced to five years of community control for collecting BWC benefits after he had gone back to work in the construction industry and deliberately withheld that information from BWC.

Fernando Cruz of Maineville, Working and Receiving
Cruz claimed to be permanently disabled from work while earning more than $100,000 preparing tax returns. He owes BWC nearly $57,000 in restitution after pleading guilty May 12 to a fifth-degree felony conviction for workers’ compensation fraud. A judge also sentenced him to five years of community control.

Herbert Christopher of Shelbyville, Tennessee, Working and Receiving
Christopher, formerly of Toledo, pleaded guilty May 4 in the Franklin County Court of Common Pleas to one count of theft, a fifth-degree felony, after investigators found him working as a home inspector in Tennessee. Sentencing is scheduled for June 23.

Leon Watson of Toledo, dba Leon and Terry Enterprise, Lapsed Coverage
Watson pleaded guilty May 4 to a minor misdemeanor count of failure to comply and was ordered to pay $99 in court costs. Watson made payments totaling $4,481 to the Ohio Attorney General’s office, resolving the balance due on his BWC policy and resulting in the reinstatement of the policy.

Diane Herrick of North Canton, Working and Receiving
Herrick pleaded guilty May 2 to one count of workers’ compensation fraud, a fifth-degree felony, after investigators found her working as a home health aide while receiving BWC benefits. The investigation found Herrick collecting nearly $22,000 while providing numerous activities for two individuals, including household chores, meal preparation, cleaning and shopping. A restitution hearing has been set for June 28.

Kandice Klink Jones of Columbus, Working and Receiving
Jones pleaded guilty May 1 to a fifth-degree count of workers’ compensation fraud after investigators found her working for four separate employers while collecting BWC benefits. She was ordered to pay BWC $12,938 in restitution and sentenced to five years of community control.

James Todt of Brecksville, Working and Receiving
Already serving time in prison on corruption charges, Todt pleaded guilty May 1 to a fifth-degree felony count of workers’ compensation fraud after investigators found he had collected $33,400 from BWC while working in the construction industry. He was sentenced to nine months in prison, to be served concurrently with his current sentence.

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

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