Video surveillance exposes Sidney couple’s scheme to defraud BWC

Agency closes 11 cases in June, July

The Ohio Bureau of Workers’ Compensation (BWC) closed 11 cases involving workers’ compensation fraud and related charges in June and July, bringing total convictions for BWC to 47 for calendar year 2020.

“Workers’ compensation fraud can happen anywhere in Ohio,” said BWC Administrator/CEO Stephanie McCloud. “That’s why we have dedicated investigators in every corner of the state to uncover folks — whether they’re employers, injured workers or medical providers — who try to cheat the system.”

Among the June cases is a Sidney, Ohio, couple sentenced on felony charges related to workers’ compensation fraud after a BWC investigation found the husband mowing lawns, using a snow blower, and chopping wood while claiming to be permanently and totally disabled from work.

A Shelby County judge sentenced David Juillerat on June 8 to five years of probation in lieu of jail time and a fine of $1,000 for his conviction on a reduced charge of attempted tampering with records, a fourth-degree felony. Juillerat’s wife, Wendy Juillerat, was sentenced three days earlier on a similar charge, attempted complicity to tampering with records, also a fourth-degree felony. A judge sentenced her to five years of probation in lieu of jail time and to pay court costs.

David Juillerat applied to BWC in 2018 for permanent total disability benefits, claiming a work injury left him unable to drive a car or walk without the assistance of a walker. Acting on a tip that he might be faking his injury, agents with BWC’s Special Investigations Department surveilled David for several weeks in 2019. They filmed him on multiple occasions entering and leaving medical offices with a walker. Away from a medical office, however, agents filmed him walking, shopping, working on his car, chopping wood, and other activities, all without the use of a cane or walker.

As for Wendy Juillerat, agents say she admitted to helping her husband complete his application for permanent total disability and accompanied him to numerous doctor’s appointments in which she would exaggerate his physical limitations in order for the disability to be granted.

Based on BWC’s investigation, David Juillerat’s application for disability benefits was denied in late 2019, saving BWC an estimated $233,668 in benefits over the projected life of the claim.

Other cases in June and July include:

Joseph Ferguson of Toledo

Ferguson pleaded guilty July 24 in Franklin County Common Pleas Court to one count of workers’ compensation fraud, a first-degree misdemeanor, after a BWC investigation revealed he was working as a web development supervisor while receiving benefits from BWC from October 2017 to January 2018. The judge sentenced Ferguson to five years of community control and ordered him to pay restitution of $6,473 to BWC. If he violates the terms of his community control, he will serve 60 days in jail.

Ruth Asamoah of Columbus

On July 13, Asamoah pleaded guilty to one count of workers’ compensation fraud, a fifth-degree felony, for working while receiving BWC disability benefits. BWC investigators found Asamoah worked for eight employers, performing the same or similar jobs she was doing when she was injured. A Franklin County judge ordered her to pay $15,020 in restitution and sentenced her to an 11-month jail sentence, suspended for five years of probation.

Jeffrey Berkley of Taylor, Michigan

BWC investigators found Berkley working as a driver, transporting cars around the Midwest, while receiving BWC benefits from July 2014 to September 2014. On July 7, Berkley pleaded guilty in Franklin County to one count of workers’ compensation fraud, a first-degree misdemeanor. The judge sentenced him to a 12-month suspended jail sentence and ordered him to pay restitution of $2,668 to BWC. Berkley paid the full amount of restitution to the clerk of courts prior to the plea.

Marguerite Cervantes of Perrysburg

Cervantes pleaded guilty July 2 to one count of workers’ compensation fraud, a fifth-degree felony, in the Franklin County Court of Common Pleas. A BWC investigation revealed Cervantes had returned to work as a clinical nurse from April to October 2016 while collecting temporary total disability benefits. The judge sentenced her to an 11-month suspended jail sentence, five years of probation, and ordered her to pay restitution of $16,885.

Angela Berardelli of North Canton

A BWC investigation revealed Berardelli was working at a restaurant while receiving BWC benefits from January 2016 to June 2017. On June 30, Berardelli pleaded guilty to one count of workers’ compensation fraud, a first-degree misdemeanor. She received a sentence of 90 days in jail suspended for 12 months of community control. The judge ordered Berardelli to pay restitution of $10,194 to BWC. She made a payment of $6,500 at the time of plea.

Patricia Black of Cincinnati

Black pleaded guilty June 16 in Franklin County to one count of workers’ compensation fraud, a fifth-degree felony. An investigation by BWC found Black working as an office cleaner while receiving BWC benefits from January 2018 to October 2018. Black was ordered to pay $18,407 in restitution and sentenced to 12 months in prison, suspended for three years of non-reporting community control.

To report suspected workers’ compensation fraud, call 1-800-644-6292 (Option 4, Option 0, Option 1) or visit bwc.ohio.gov.

At BWC, we still have your safety needs covered

By Bernie Silkowski, Superintendent, BWC Division of Safety & Hygiene

Like every other Ohio employer, we have had to adapt to the challenges of the COVID-19 pandemic. We are working from home to slow the spread of the virus, but our Division of Safety & Hygiene still offers plenty of resources to keep Ohio’s workplaces and workers safe. 

Although we are not making on-site visits, we are assisting thousands of employers virtually. We can do this for you, too. We have created a list of resources and FAQs to help Ohio businesses restart safely in conjunction with the Responsible RestartOhio initiative. The following are other options we offer.

Online safety courses and webinars  

With many still working from home, online courses are an excellent option to teach workers about workplace safety. We offer free online safety training courses and weekly webinars on a wide variety of topics.Online course times range from 30 minutes to approximately two hours. To get started, register for courses and webinars online using the BWC Learning Center, or call 1-800-644-6292.

Join a safety council – virtually

Although our Ohio safety council partners are not currently offering in-person meetings, the vast majority will be offering virtual meetings throughout the program year. These virtual meetings are another way to stay up to date on safety practices and to learn new methods for protecting your workers. We’ve also modified some aspects of the program to reduce the burden on employers as they face the challenges of reopening and maintaining economic viability.  Contact your local safety council to learn more.

Virtual safety consultations – Be proactive in making your workplace safe

With such an intense focus on protecting workers from COVID-19, it’s easy to miss other hazards in your workplace that can cause harm. BWC’s specialists can provide virtual consultative services in the areas of industrial safety, construction safety, ergonomics, and industrial hygiene. Every employer is eligible to use these services. We can talk on the phone or do a video chat depending on your preferences. You can also send us pictures, videos, or a written safety program to review and make recommendations. You can request a consultation through our website or by calling 1-800-644-6292.

Public employers can also take advantage of the specialized virtual consulting services of the Public Employment Risk Reduction Program (PERRP). In fact, right now PERRP is scheduling virtual safety training about work zones, tree operations, confined spaces, and trenching and excavation. If you have questions or need assistance, please request a consultation through our website, send an email to Perrprequest@ohio.gov, or call 1-800-671-6858.

For small- to medium-sized, private employers in high-hazard industries, the OSHA On-Site Consultation Program is also available to help with specialized virtual consulting. You can request a consultation through our website or call 1-800-282-1425.

Library reference services and streaming safety videos

Our library staff is working remotely and has access to materials to help you with your safety questions. The library’s streaming video services are available 24 hours a day/seven days a week for remote viewing from any computer. Our selection of online streaming videos covers a range of popular safety and human resource topics. Email us at library@bwc.state.oh.us for information about any of these services.

Better You, Better Ohio!® – workplace health and wellness program

Better You, Better Ohio! is a free health and wellness program for eligible public and private workers. It provides online education and resources you and your employees can access online or on your phone. The program offers information on healthy eating, exercise, and stress management, as well as tips for handling the changes we are all facing. Also, eligible workers can complete an online health assessment, request a biometric screening kit to complete at home, and receive a $75 incentive in the mail! Email BWCBetterYouBetterOhio@bwc.state.oh.us with questions.

Thank you for being our partners in helping keep Ohio’s workers safe. For more information about Ohio’s response to COVID-19, please visit The Ohio Department of Health’s COVID-19 website or contact them via phone at 1-833-4ASKODH.

For BWC-specific COVID-19 questions, visit our Coronavirus (COVID-19) Frequently Asked Questions or email BWCCOVID19@bwc.state.oh.us.

We’re here and ready to help, so reach out to us today!