Rock 'n' Rolling Claimant Arrested for Alleged Work Comp Fraud

Wednesday, May 4, 2016 | 0

A Pennsylvania workers' compensation claimant who told doctors that he could barely lift his arms after a workplace accident was arrested last Friday on fraud charges after investigators observed him playing drums in his rock 'n' roll band.

The Montgomery County District Attorney's Office charged 58-year-old William R. "Russ" Downey of Hatfield Borough with felony insurance fraud, theft by deception and receiving stolen property, according to a report The Reporter News.

Downey claimed he injured his right shoulder in March 2013 when emptying trash bins while working for a Hatfield supermarket. He did not report the injury to his employer, but filed a workers' compensation claim with Highmark Casualty Insurance, according to the report.

About a month after Downey began receiving benefits, Highmark received a tip that he was an active member of a band called Rake. Highmark investigators videotaped Downey playing with the band at two shows in Doylestown. He played drums for several hours each time and also lifted items above his chest and head, and unloaded his instruments and gear outside his home, the newspaper reported.

All of those activities were contrary to his physical restrictions and limitations, according to the arrest affidavit.

A few days after the surveillance was taken, Downey told Highmark investigators that he could not lift anything above his chest, and could not wash dishes and put them away. Highmark paid $13,349.32 in benefits, the newspaper reported.

Downey was released on $10,000 unsecured bond after he was arraigned on April 29. A preliminary hearing is scheduled for May 10, the newspaper said.