Four Must Pay Restitution in Fraud, Lapsed-Coverage Cases

Monday, November 5, 2018 | 0

Three Ohio business owners and one worker must pay restitution after they were found guilty of fraud, the Ohio Bureau of Workers’ Compensation announced.

Jason Moffitt
(Ohio BWC photo)

“We made every attempt to bring these employers into compliance with Ohio law, but they wouldn’t cooperate and we were forced to bring charges against them,” Jim Wernecke, director of BWC’s special investigations department, said in a statement. “I can’t stress this to employers enough: If you’re struggling with your BWC premiums, work with us. Avoiding us will only make your situation worse.”

Among those convicted were Kurt A. Ballish, of Chardon, Ohio, owner of Kurt Ballish Construction & Custom Decks. He pleaded guilty Oct. 22 to two misdemeanor counts of failure to comply, the same charges he pleaded guilty to in 2016.

A judge ordered Ballish to become compliant with Ohio’s workers’ compensation law and pay the bureau $19,000 in premiums or go to jail. He sentenced Ballish to one year of probation and ordered him to pay fines and court costs of $642.

In Cincinnati, the owner of a now-closed transportation firm must pay BWC more than $159,000 in restitution following his guilty plea to a reduced charge of workers’ compensation fraud.

Philip Ayers, owner of Ayers Transportation Services, pleaded guilty Oct. 24. A judge sentenced him to two years of probation, and ordered him to maintain full-time employment and cooperate fully with BWC and the Ohio Attorney General’s office on his payment plan to BWC.

In another employer case, the owner of Triple R Auto Sales in Cleveland pleaded guilty to one count of failure to comply after BWC discovered the business had been in operation for 11 years without workers’ comp coverage.

A judge ordered Rami Khayat to pay BWC $965 in restitution. An injured-worker claim filed against Khayat’s business triggered BWC’s investigation.

In other news, a Columbus tow truck driver who falsified records to increase his BWC cash benefits pleaded guilty Wednesday to a first-degree misdemeanor count of workers’ compensation fraud. A judge sentenced Jason Moffitt to two years of community control and ordered him to pay $5,325 in restitution.

BWC investigators say Moffitt inflated his income on an earnings statement and signed another person’s name to it. The letter was used to establish Moffitt’s compensation benefit payments.

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