WILL ORANGE BE THE NEW BLACK FOR AN ACTRESS ACCUSED OF WORKERS’ COMPENSATION FRAUD?  INJURED WORKER IN THE NEWS #60

An actress made news when she was charged with a particular form of workers’ compensation fraud.

Workers’ Compensation Fraud is not simply faking an injury.  Legitimate Workers’ Compensation Claims can become “fraud” claims.  These claims often occur when there are are false statements made in order to collect benefits.

In this matter, the State of California Department of Insurance issued a press release with the details as to how an accepted claim became a fraud claim.

In addition, this article will discuss how an Injured Worker can avoid accusation of fraud.

With respect to the actress, the California Department of Insurance issued the following release:

Yellowstone” actress charged with workers’ compensation insurance fraud

News: 2022 Press Release

For Release: July 11, 2022

Media Calls Only: 916-492-3566

Email Inquiries: [email protected]

“Yellowstone” actress charged with workers’ compensation insurance fraud

LOS ANGELES — Q’Orianka Kilcher, 32, of North Hollywood, has been charged with two felony counts of workers’ compensation insurance fraud. An investigation by the California Department of Insurance found Kilcher allegedly broke the law in collecting over $90,000 in disability benefits. Kilcher’s attorney appeared in court today on her behalf and her next scheduled court date is August 7, 2022.

California law prohibits misrepresenting injuries to medical providers to collect workers’ compensation insurance benefits, yet the investigation found Kilcher worked on “Yellowstone” during the time she told a doctor she had been too injured to work. The Department of Insurance is the lead agency investigating workers’ compensation insurance fraud, which in 2020-2021 fiscal year resulted in a potential loss of $161,947,968, costing California businesses and increasing costs to workers.

In October 2018 while acting in the movie “Dora and the Lost City of Gold,” Kilcher allegedly injured her neck and right shoulder. She saw a doctor a few times that year, but stopped treatment and did not respond to the insurance company handling her claim on behalf of her employer. A year later, in October 2019, Kilcher contacted the insurance company saying she needed treatment. Kilcher told the doctor handling her claim that she had been offered work since her injury occurred but had been unable to accept it because her neck pain was too severe. Based on Kilcher’s statements to the doctor, she began receiving temporary total disability benefits.

After reviewing wage information from her employer, the investigation found Kilcher had worked as an actress on the television show “Yellowstone” from July 2019 to October 2019, despite her statements to the doctor that she had been unable to work for a year. According to records, she returned to the doctor and started receiving disability benefits five days after last working on the show.

When told about Kilcher’s recent employment history, the doctor on her claim stated if they had been aware of it they would have never granted her the disability payments. From October 14, 2019, through September 9, 2021, Kilcher’s received $96,838 in undeserved disability benefits.

Kilcher self-surrendered and was arraigned on May 27, 2022. The Los Angeles County District Attorney’s Office is prosecuting this case.”

Given the Fact Pattern, How Can An Injured Worker Avoid This Problem?

When an Injured Worker either returns to work or accepts new employment, it is very important for them to communicate it to the doctor who is issuing their disability statements.  An Injured Worker should avoid collecting temporary disability benefits once they start working again.

Likewise, if the insurance carrier issues payment to an Injured Worker for a period of time when the Injured Worker is back to work, the Worker should reach out to the carrier to work on getting the issue adjusted properly.   As such, if a check contains both periods of disability and work, it is possible to get the check re-issued for the proper periods.

What if I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

 

 

 

SAN FRANCISCO LIBRARY SECURITY GUARD SUFFERS PIT BULL BITE INJURIES: INJURED WORKERS IN THE NEWS, #11

Dramatic footage shows a San Francisco Library Security Guard viciously attacked by a Pit Bull.  Fellow Officers rescued their co-worker from the dog. dailymail.com

At the time of the incident, the Library Security Guard had been trying to administer narcan medication to a library patron who has passed out.  The patron’s pet was apparently the pit bull which attacked the Security Guard and bit onto his arm.

It is reported that the security guard was is hospitalized with serious injuries

Is This A Workers’ Compensation Claim?

Yes. The San Francisco Library Security Guard can pursue a workers’ compensation claim.  This injury arose and out employment and was within the course and scope of employment. He should be eligible to receive benefits.  For example,  the hospitalization medical bills should be paid in full by workers’ compensation.

What Can Be Claimed For This Security Guard?

The Security Guard may have sustained extensive injuries to multiple body parts and systems. From the facts, it appears that the bite caused a hand injury.  He may require treatment within a variety of medical specialties.  For the bite, he may need to treat with an infectious disease doctor with respect to possible rabies. For scars, he may need to treat with a dermatologist.  For muscular skeletal  injuries, he may need to treat with an orthopedist.  For post traumatic tress issues, he may been to treat with a mental health practitioner.   Depending on the nature and extent of the injuries, this individuals treatment could be complex.

Can the Co-Workers File Workers’ Compensation Claims?

Yes.  There may be possible stress claims for the co-workers if they were emotionally harmed in the incident.  Further, it is possible that they may have sustained injury in fending off the dog.  This could perhaps be orthopedic injury or due to breathing pepper spray if it was used to fend the dog off.

What if I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

Psychological Testing and Workers’ Compensation: What You Need To Know

California Workers’ Compensation Law allows for Psychiatric Injuries.  As part of both the treatment and evaluations for Psychiatric Workers’ Compensation Claims, Mental Health Practitioners employ psychological testing.  This article is intended to discuss the nature of psychological testing within this setting.

It is not uncommon that Injured Workers become overwhelmed with the amount of Psychological Testing that is required in connection with their workers’ compensation claim.  Some of these tests can have up to 500 questions to answer.  Injured Workers, who are already suffering from an emotional disturbance, become frustrated at going through the process of having to answer all these questions. It is a lot of work. Continue reading

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