The Santa Clara District Attorney’s Office is reporting the arrest of 30-year-old Ricardo Casillas for felony Workers’ Compensation Fraud.
Casillas had reported that he was in constant pain and suffered a back injury due to an accident that occurred at work. However, through further investigation Casillas was seen by investigators doing activities that would not qualify him to continue to receive benefits for his injury. Often private investigators are hired by insurance providers and/or employers. They are hired to report back any findings that are inconsistent with a employees claim, as was found in the Casillas case.
“The Workers’ Compensation system is set up to compensate injured workers while they recuperate from their injuries,” Deputy District Attorney Denise Raabe said. “But when an injured worker lies about the extent of their injury or their physical abilities as they recover, they are cheating the system.”
According to the D.A.’s Office, 216 workers’ comp convictions have successfully been tried, with $5.9 million ordered to be paid back to victims through restitution orders. A total of $4 million in restitution has already been recovered for these victims.
Casillas filed a Workers’ Compensation claim back in 2010 for a back injury. Surveillance video taken in 2012 showed Casillas changing his tires on his vehicle. If he had suffered from back pain and was unable to lift any objects, this activity would have left him immobile.
According to Deputy District Attorney Denise Raabe , “If the injured worker is not truthful about how the injury occurred, their pain level or abilities to the medical professional, then the injured worker may receive treatment that is not needed or compensation they are not entitled to”. Casillas is to be arraigned in the Superior Court Hall of Justice in San Jose on April 24, 2014.