Case Name:	People v. Diop		03/08/2021
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, E073789 v. (Super. Ct. No. RIF1705383) NDIAWAR DIOP, OPINION Defendant and Appellant. The doctor testified that a feature of PTSD is “an amnesic response,” which is the inability to recall important aspects of the trauma. On August 28, 2017, after reviewing defendant’s file, agent Oden spoke to Correctional Deputy Marc Escarcega and recorded their conversation. The deputy added: “If staff had been assaulted, the inmate would have had a rules violation report or a 115 written up on him. You just gonna have Hep C. It’s not like malaria in—you’re not gonna have malaria like in Africa.
Note:
Citation:	E073789
WCC Citation:	E073789

Case Name:	People v. Galante		02/04/2008
Summary:	No. B190373 February 4, 2008 THE PEOPLE, PLAINTIFF AND RESPONDENT, v. ROBERT GALANTE, DEFENDANT AND APPELLANT. This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. Robert Galante appeals from a judgment following his conviction after a jury trial of two counts of insurance fraud. BACKGROUND Appellant worked as a power line truck operator for the Glendale Department of Public Works for 17 years. In July 2002, his right ankle "gave way" and felt painful while he was walking at work. He did not present the testimony of Dr. Nagelberg to establish the diagnosis supporting his referrals to Abe and Pinkston.
Note:	[Unpublished] Appellant failed to establish the relevance of testimony from his proffered medical experts. The court's exclusion of irrelevant evidence did not violate appellant's right to present a defense.
Citation:	B190373
WCC Citation:	WCC 33132008 CA

Case Name:	People v. Grigsby		02/27/2008
Summary:	At the sentencing hearing, the court allowed Grigsby to cross-examine Gutierrez on the factual basis for the restitution request. At the conclusion of the hearing, the court ordered Grigsby to pay $4,403. 05 in restitution without specifying who should receive the restitution. The court sentenced Grigsby to a three-year middle term to run consecutively to the sentences he was already serving. Certificate of Probable Cause The People urge us to dismiss this appeal because Grigsby did not obtain a certificate of probable cause. The court's decision to order Grigsby to pay $4,403. 05 in restitution to the prison arose after entry of the plea.
Note:	[Unpublished] Because the prison was not a direct victim of the defendant and so not entitled to restitution, the restitution order should be modified to change the payee to the injured prison guard.
Citation:	A116118
WCC Citation:	WCC 33232008 CA

Case Name:	People v. Groce		08/31/2010
Summary:	Groce's employer (Theodore Claudat) testified that Groce was his sole employee and that Groce had a key to the business premises. Claudat told Groce that he did not have workers' compensation insurance, but he agreed to provide Groce with assistance for his medical expenses. Regarding the August 20 that letter Groce wrote to Claudat, the jury convicted Groce of attempting to dissuade a witness from making a report of a crime. However, the court stated its ruling did not preclude Groce from cross-examining Claudat about whether the checks were written to compensate Groce for his injuries. Groce also notes that Claudat testified that he interpreted the August 20 letter as a threat that he should not testify against Groce.
Note:	Excluded evidence that an employer failed to provide workers' compensation insurance would not likely change the outcome in the trial of a man accused of forging company checks which he claimed were advances for medical treatment, a California appeals court held.
Citation:	D055456
WCC Citation:	WCC 36622010 CA

Case Name:	People v. Hammond		10/11/2012
Summary:	Dr. Hensle believes that Robert Hammond, defendant's husband, would drive defendant to the visits with Dr. Hensle, and Hammond would be waiting for defendant when she finished treatment. Hammond, defendant's husband of 33 years, testified at trial that from 2003 through 2005 defendant was in poor condition. Hammond testified that he "generally" drove defendant to her medical appointments, including during the period of 2003 through 2005. Hammond does not believe that he told defendant's attorney that defendant had driven, despite Hammond having seen her drive. Hammond testified that defendant's counsel told defendant to answer non-medical questions generally "unless they ask for a specific point .
Note:	A California appellate court upheld a former bank employee's conviction for workers' compensation insurance fraud based on her testimony that she was unable to drive; a claim which was belied by surveillance video taken just days before the hearing at which she made this assertion.
Citation:	B231927
WCC Citation:	WCC 39402012 CA

Case Name:	People v. Henderson		10/15/2010
Summary:	Dodge saw Henderson in January 2006, he believed that Henderson could continue working. Dodge saw Henderson later that month, Henderson claimed to be in pain and unable to freely move his neck. Dr. Tontz concluded that Henderson had "slight restriction of range," and that Henderson could not work. In the meantime, unbeknownst to Henderson or his physicians, Henderson's employer learned that Henderson had been observed at a gym playing basketball. Dodge denied any conversation with Henderson in which he authorized or recommended that Henderson play basketball, Henderson claimed that Dr.
Note:	A trucker must repay a carrier $64,645 in benefits after a private investigator videotaped him regularly shooting jump shots and practicing lay-ups at the local gym.
Citation:	D055580
WCC Citation:	WCC 36802010 CA

Case Name:	People v. Hernandez		01/11/2018
Summary:	Ct. No. BA435685)   THE PEOPLE, Plaintiff and Respondent,   v.   LUIS HERNANDEZ, Defendant and Appellant.     A jury found defendant Luis Hernandez guilty of insurance fraud and attempted perjury. Within a month or two, defendant’s primary physician placed him on “total temporary disability. ”2 Defendant initiated a worker’s compensation proceeding against Farmer John. In early 2014, she was called to the company’s security shack to meet defendant, who was dropping off benefits paperwork. (People v. (Hernandez) Amaya (May 18, 2017, B278794. )
Note:	A California appellate court upheld a worker’s conviction and sentence for insurance fraud and attempted perjury after he lied about needing a cane because of a plethora of alleged on-the-job injuries.
Citation:	B279922
WCC Citation:	Los Angeles County Super. Ct. No. BA435685

Case Name:	People v. Javed		12/27/2011
Summary:	THE PEOPLE, Plaintiff and Respondent,v. NUSRAT JAVED, Defendant and Appellant. A jury convicted defendant Nusrat Javed of one count of general insurance fraud (Pen. Additionally, on September 25, 2006, defendant represented on her medical history form that she did not have a history of dizziness. It was later discovered that defendant took a trip to Pakistan from November 16 through December 24, 2006. Defendant was charged with one count of insurance fraud and six counts of workers' compensation fraud.
Note:	A malingering applicant should not have to repay all of the benefits received as criminal restitution, because she only started misrepresenting the extent of her symptoms after suffering a compensable injury.
Citation:	C064881
WCC Citation:	WCC 38372011 CA

Case Name:	People v. Jay Bryan Waterman		02/18/2010
Summary:	Ct. No. SCD205179) THE PEOPLE, Plaintiff and Respondent, v. JAY BRYAN WATERMAN, Defendant and Appellant. A jury convicted Jay Bryan Waterman of making false or fraudulent statements to obtain workers' compensation benefits (Ins. what [Waterman] said he couldn't do or how he felt and what we saw on examination. "Waterman reported continued severe headaches, increased pain in his back, neck and right foot, and numbness in his left arm and fingers. His former employer, Michael Mallonee, stated that before the accident Waterman worked long hours and afterwards he never saw Waterman engage in physical activities.
Note:	Videos and other evidence provided sufficient evidence to support a trial court's conviction of an injured worker on several fraud charges.
Citation:	D053479
WCC Citation:	WCC 35982010 CA

Case Name:	People v. Jones		05/04/2012
Summary:	PEOPLE v. JONES THE PEOPLE, Plaintiff and Respondent, v. MICHAEL PATRICK JONES, Defendant and Appellant. For the same reason, we concluded defense counsel was not ineffective for failing to object to the alleged misconduct. (People v. Jones (Sept. 5, 2007, F049837) [nonpub. (People v. Jones, review den. Defendant claimed newly discovered evidence established that the CHP and/or the prosecution had suppressed exculpatory evidence.
Note:	The conviction of a former Highway Patrol officer for workers' compensation fraud was upheld for a second time.
Citation:	F062094
WCC Citation:	WCC 38922012 CA