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Case Law Library

Case Name: People v. Henderson 10/15/2010
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
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
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
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
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
Case Name: People v. Kamal 11/29/2007
Note: [Unpublished] Because the trial's outcome hinged on credibility factors, the prosecutor's improper attacks on appellant's credibility more likely than not affected the jury's deliberations and ultimate verdict. Appellant is therefore entitled to a retrial before a jury untainted by prosecutorial misconduct.
Citation: B190006
WCC Citation: WCC 32832007 CA
Case Name: People v. Lias 12/31/1969
Note: The 4th District Court of Appeal upheld a sentence ordering a worker to pay restitution for investigatory expenses incurred over the course of her admittedly fraudulent claim — not just the expenses incurred after her doctor determined she was "miking it."
Citation: E067278
WCC Citation: Super.Ct.No. RIF1500177
Case Name: People v. Lucena 09/21/2010
Note: The 3rd District Court of Appeal affirmed most of a trial court's decision that convicted June Ann Lucena of workers' compensation fraud, attempted perjury, theft by false pretenses, and false claims.
Citation: C059767
WCC Citation: WCC 36722010 CA
Case Name: People v. Montes 09/07/2011
Note: A surgery center owner who helped defraud American International Group and Matrix Absence Management out of $1.4 million will get an additional 271 days of credit toward his sentence.
Citation: G044451
WCC Citation: WCC 37982011 CA
Case Name: People v. Moreno 02/08/2008
Note: [Unpublished] 'Unless testimony is physically impossible or inherently improbable, testimony of a single witness is sufficient' to establish that Defendant had the requisite intent in making false statements for the purpose of obtaining workers' compensation benefits.
Citation: E041868
WCC Citation: WCC 33152008 CA
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