Friday, August 30, 2013

JOHN ANTHONY SBARBARO, M.D., M.P.H. - Law Office of O'Toole & Sbarbaro, P.C. Worker's Comp Blog



JOHN ANTHONY SBARBARO, M.D., M.P.H.

It is the two year anniversary of my father’s passing and we thought you would enjoy the article from the O’Toole Report published shortly following his death two years ago.

- John A. Sbarbaro

        It is with great sadness that we inform our readers of the passing of John Anthony Sbarbaro, M. D., M.P.H., on August 30, 2011.  John often stated he was the luckiest man in the world and passed in the presence of many friends and family.

        John was the grandson of immigrants from Italy.  His grandfather Antonio Sbarbaro landed on the shores of Louisiana in 1880 (prior to the creation of Ellis Island) and quickly set up business as an organ grinder.  Shortly, thereafter, Antonio’s monkey died and he moved to Chicago to set up Sbarbaro and Co., the City of Chicago’s first and oldest Italian-American owned funeral business.  On March 9, 1886, he renounced his loyalty to the King of Italy and was sworn in as a U.S. citizen.

        Sbarbaro and Company located at 708 N. Wells St. was established in 1885 and its doors remain open to this day.  John was proud of the fact that Sbarbaro and Co. has served all segments of the community in Chicago, having buried respectable members from such families as the Wrigleys of chewing gum fame to such notable gangsters as Earl “Hymie” Weiss and Daniel O’Bannion. The Sbarbaro Funeral Home’s original telephone number was SUPERIOR 0094. It was 0094 because it was the 94th telephone number assigned in the City of Chicago. That number, now (312) 787-0094, remains the phone number for the Sbarbaro Funeral Home.  If you have any family members in the Chicago area who are soon to depart this world, please feel free to contact that number for your end of life needs.

        John was born in 1936 to Anthony and Marie Sbarbaro.  John was raised in the city of Chicago, Illinois, where he met his high school sweetheart, and wife of 50 years, Marlene.They attended nearby colleges in Minnesota.  Marlene graduated from Saint Theresa and John graduated from St. Mary’s College.  John and Marlene were married on August 26, 1961. In 1962 John then went on to earn his medical degree from Johns Hopkins School of Medicine and his Master in Public Health from the Harvard School of Public Health in 1968. They have three children and seven grandchildren.

        With his formal education complete, between 1965-1986, Dr. Sbarbaro served in several capacities at the Denver Department of Health and Hospitals, but primarily as the Director of Public Health and Preventive Medicine.  Since 1969, Dr. Sbarbaro has served in many capacities at the University of Colorado Health Sciences Center, School of Medicine, where he held professorships in the Departments of Medicine and Preventive Medicine and finished his career there as the Medical Director of University Physicians, Inc.  Between 1986 and 1989 Dr. Sbarbaro was the Vice President for Medical Affairs at St. Anthony Hospital Systems.  Since 2008 he has been the Medical Director at the Leprino Foods Company. He retired in 2000 as a Colonel in the United States Army Reserve Medical Corps.

        In spite of all his formal education and physical separation from his childhood home in Chicago, John never left his true roots in how he resolved disputes. For example, in the early 70’s when St. Anthony’s Hospital and Denver General were competing for trauma patients, St. Anthony’s rejected an agreement that would keep its ambulances out of the city in return for the City and County of Denver staying out of the suburbs. Shortly after negotiations broke down a St. Anthony’s helicopter landed in the City and County of Denver and its ambulance blade was quickly bumped by a passing Denver General Hospital Ambulance.  The Chief Operating Officer for St. Anthony’s contacted John, and the following exchange took place.  “John, your ambulance bumped by helicopter.”  John responded, “God, Dutch, I am so sorry you know we have a lot of clumsy ambulance drivers, and of course, we are going to have an ambulance there every time you land in the City and County of Denver.  I sure hope this doesn't happen again, but I can’t promise it.”  Shortly thereafter, an agreement was reached were St. Anthony’s would not land its helicopter in the City and County of Denver and Denver General  ambulances did not go into the suburbs. ¹

        Throughout the years John explored the world with Marlene and together they visited, among other places, Israel, Italy, Switzerland and Russia.  He enjoyed spending time playing golf and getting together with family and friends.  He also spent a lot of time enjoying the company of his seven grandchildren.  Many of his friends have remained the same since he moved the family to the west suburbs in Lakewood, Colorado, in 1968.

        Dr. Sbarbaro was a world renowned expert in the field of Tuberculosis. During his career he worked with the Centers for Disease Control, the World Health Organization, the Institute of Medicine, the U.S. Institute of Allergy/Infectious Disease and the Institute of Heart/Lung, the Department of Health and Human Services, and the Food and Drug Administration.  He authored 18 book chapters and more than 160 journal articles.

        Often Neil or I would call my Dad to run medical issues by him.  His views were always unbiased, to the point, and clear in their direction.  His influence and guidance upon my career continues to this day.  I value the time spent in his presence and treasure the counsel he provided.  He will be dearly missed.


1 Eilenn Welsome, Healers and Hell Raisers, Denver Health’s First 150 Years.  (Denver: Paros Press, 2011). Page 147-148.

Read John Anthony Sbarbaro's Obituary

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Tuesday, August 27, 2013

Court: NM Officer's Widow Entitled to Benefits - Law Office of O'Toole & Sbarbaro, P.C. Worker's Comp Blog

A New Mexico court has ruled that the widow of an off-duty tribal police officer who died more than a decade ago while rescuing a boy is entitled to workers' compensation benefits.
The decision by the state Court of Appeals was welcomed Tuesday by a lawyer for Cheryl Schultz, who has waged a long legal battle after a workers' compensation judge in 2007 rejected her claim for benefits involving the death of her husband, Kevin, a Pojoaque Pueblo police officer.
Kevin Schultz was fishing with a group of children from his church when a 12-year-old boy fell into the Rio Grande. After pulling the boy from the river, Schultz collapsed in shallow water and drowned. Schultz was a chaperone on the trip near the small community of Pilar, which is outside the boundaries of Pojoaque Pueblo lands.
Schultz may have hit his head on a rock and the injury could have incapacitated him, according to a medical examiner.
In a ruling issued Monday, the Court of Appeals overturned a decision by the workers' compensation judge that Cheryl Schultz wasn't entitled to benefits because her husband wasn't performing the duties of his job when he died.
The court said benefits will be provided for off-duty law enforcement officers injured or killed in emergency situations "reasonably calling for police officer assistance."
"If it is our expectation as a society that police officers put themselves in harm's way, sometimes irrespective of their on-duty status, then it should also be our expectation that such officers be compensated when they are injured in the course of doing so," the court said in an opinion written by Judge Cynthia Fry.
George Weeth, a lawyer for Cheryl Schultz, said the decision expanded the state's legal framework for providing workers' compensation benefits for off-duty police.
"That is the policy that poor Cheryl has been trying to establish for 10 years now," Weeth said. "It's been a long road to get here."
He estimated that the widow and her son may be entitled to death benefits of about $300,000, but said the final amount will be determined later by a worker's compensation judge. The family is entitled to payments for funeral expenses up to $7,500 and some medical costs.
The case has been the subject of several appellate court rulings since the workers' compensation judge initially ruled that the widow's claim was filed too late and her husband's death didn't happen in the course of his employment.
The state Supreme Court twice revived the case after the Court of Appeals ruled against Cheryl Schultz.
Earlier this year, the Supreme Court said that delays in the filing of the workers' compensation claim were caused by Kevin Schultz's employer and the justices ordered the appeals court to resolve the question of whether the officer's death occurred during his law enforcement duties.

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Monday, August 26, 2013

Firefighters' Benefits Divide Northern Ariz. City - Law Office of O'Toole & Sbarbaro, P.C. Worker's Comp Blog

In the days after a wildfire killed 19 members of an elite firefighting team, the Arizona city where they were based banded together in a series of moving public memorials and tributes, overwhelmingly united in its support of the men and their families.
That unity quickly has faded since residents learned Prescott is not paying fulltime benefits to all of the families of the firefighters who died June 30.
Now, leaders of the city nicknamed "Everybody's Hometown" are receiving emails that range from vicious to complimentary for not letting emotion get in the way. Grieving widows have lashed out at city leaders in public meetings, news conferences and national TV appearances.
"I was really proud to live in Prescott because you saw people coming together, and now it's just embarrassing," resident Julie Abel said.
The source of the dispute is the fact that 13 of the firefighters were classified as temporary employees and their families are not entitled to full survivors' benefits. As a result, they receive smaller death benefits than the families of the six firefighters classified as fulltime.
The widow of fallen firefighter Andrew Ashcraft brought attention to the issue by making public pleas to city officials, saying her husband worked fulltime hours, was promised a fulltime position and deserved the more lucrative benefits.
"There were 19 men that perished in that fire and for whatever reason, there are people that feel that some of them don't deserve to be treated in a way that the others do," Juliann Ashcraft said at a news conference outside the courthouse.
Division Chief Darrell Willis of the Prescott Fire Department issued a statement Tuesday saying he made no such promise to Andrew Ashcraft and that promotions cannot be based on a verbal commitment by supervisors.
From the city's point of view, the law is clear. The 13 firefighters were not classified as fulltime, and the city said changing the rules after the fact would be illegal and also cost Prescott millions of dollars over the lifetime of the firefighters' dependents.
"It's easy to get emotional and everybody wants to do the right thing, and the city absolutely," said city spokesman Pete Wertheim. "But what is the right thing? Well, for the city it's limited by the law. And we're fully complying with it."
Juliann Ashcraft's attorney, Tom Kelly, said the city of Prescott is oversimplifying legal issues related to Andrew Ashcraft's employment status. Andrew Ashcraft had filled a leadership position that previously was fulltime, and he was making a salary similar to other fulltime employees.
"It's not simply an emotional plea, and it's not simply — from the city's standpoint — a cut-and-dried issue," Kelly said.
Last year, President Barack Obama made federal health insurance benefits available to thousands of temporary wildland firefighters and their families after a South Dakota-based Hotshot crew petitioned for the change. That benefit did not extend to the Granite Mountain Hotshots because the crew was employed by Prescott.
In Arizona, House Speaker Andy Tobin has said he'll introduce a bill in the upcoming legislative session to provide benefits retroactively to the Granite Mountain Hotshots and any emergency responder who dies on state lands in the future.
Somewhat lost in the emotion of the debate is that benefits for all the families of the Granite Mountain Hotshots also will include private donations.
Each of firefighters' families will receive a tax-free $328,000 lump sum from the federal government, Social Security benefits, workers compensation and free tuition for their children at Arizona universities. The families of the six fulltime employees also get health insurance, an increased life insurance payment and the men's annual salaries.
Outside organizations and community donations have been filling the families' immediate needs.
The 100 Club of Arizona paid out a minimum of $15,000 in cash to each of the men's families and covered remaining burial expenses and associated travel costs. Of the $3 million the group has taken in so far, more than $1.5 million has been spent, said marketing specialist Ciara Franklin.
The group has paid credit card debt for the lone survivor and can pay the fallen firefighters' bills. Franklin said it is focusing now on compiling a list of needs for the families and covering health insurance premiums for at least a year.
The total raised for the firefighters' families is unknown, but donations haven't ceased.
Fliers in the community highlight barbecues, banquets, a running race and a concert to benefit the men.
Residents struggled with the idea of providing for families whose loved ones risked their lives. None of them factored in the firefighters' benefits packages when they donated food, money or time to help the men's families. With payments from state and federal agencies and donations, "they'll have quite a bit, it sounds like," John Warner said.
Gloria Purce and Abel have written letters to Mayor Marlin Kuykendall expressing their anger over the city's position. The women said he has gone back on statements he made at the firefighters' memorial when he declared the city's everlasting support for men he referred to as sons.
"To disgrace 19 families over money — hold them up in such high regard — then act like penny-pinching fools, it's sad, just really sad," Abel said.
Original Source

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Monday, August 19, 2013

Lawsuit: Unpaid Film Interns Considered Employees


Breaking News
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Celebrity News



By Abby Ellin
Jun 13, 2013 1:39pm
Two interns who worked on the film “Black Swan” are considered to be Fox Searchlight employees, a Federal Judge ruled recently.  A third intern can represent a class, Courthouse New reported.
In October 2011, Eric Glatt and Alexander Footman, interns on the film “Black Swan” from 2009 to 2010, sued Fox Searchlight and its parent company, Fox Entertainment Group, under the Fair Labor Standards Act and New York Labor Law.
Neither Glatt, who said he worked in accounting, nor Footman, who said he was in the production office, received pay or college credit while working on the film in New York.
“This practice runs afoul of basic wage-and-hour laws, which require that employers pay all of their employees – even those desperate for the work – the minimum wage, as well as overtime for hours over 40 in a workweek,” the complaint said.  ”In misclassifying many of its workers as unpaid interns, Fox Searchlight has denied them the benefits that the law affords to employees, including unemployment and workers’ compensation insurance, sexual harassment and discrimination protections, and, most crucially, the right to earn a fair day’s wage for a fair day’s work.”
Glatt claimed he worked five days a week for 40 to 50 hours per week, for 51 days. He worked another 44 days in post-production. Footman said he worked five days a week, 40 to 50 hours a week, for about 95 days.
The movie took in more than $300 million in revenues.
The men seek class damages for money owed on Fox Searchlight films from September 2005 until the final judgment. They also seek an injunction to prevent Fox Searchlight from using unpaid interns on its film productions. According to the suit, Fox Searchlight used more than 100 unpaid interns on “Black Swan.”
In the 36-page decision, Judge William Pauley III acknowledged that Glatt and Footman clearly benefited from their internships with resume listings, job references and “an understanding of how a production office works.”
“But those benefits were incidental to working in the office like any other employee and were not the result of internships intentionally structured to benefit them,” the judge continued. “Resume listings and job references result from any work relationship, paid or unpaid, and are not the academic or vocational training benefits envisioned by this factor.
“On the other hand, Searchlight received the benefits of their unpaid work, which otherwise would have required paid employees.”
Interns have filed lawsuits against other media companies. On Thursday, two former interns filed a lawsuit against Condé Nast, the New York Times reports. They claimed the company did not pay them minimum wage during their summer jobs at W Magazine and The New Yorker, in 2009 and 2010. They asked that it be approved as a class-action suit.
In May, a New York judge dismissed a class-action suit by a group of unpaid interns against Hearst Corp.  The judge ruled that they don’t meet the definition of a class, but that they could sue as individuals.
A third intern in the Fox case, Eden Antalik, who worked at Searchlight’s corporate offices in New York, can represent a class of other unpaid interns alleging violation of New York Labor Law, Pauley ruled. Those interns worked at various Fox Entertainment Group outfits from Sept. 28, 2008 to Sept. 1, 2010.
While both Glatt and Footman knew they were not going to be paid—and they did not expect to be hired at the end of their internships—”this factor adds little, because the FLSA does not allow employees to waive their entitlement to wages,” Pauley wrote. “Considering the totality of the circumstances, Glatt and Footman were classified improperly as unpaid interns and are ‘employees’ covered by the FLSA and NYLL.”
In a statement, Fox spokesman Chris Petrikin said that the company believes the Court’s rulings are “erroneous, and will seek to have them reversed by the [U.S. 2nd Circuit Court of Appeals] as quickly as possible.”
Original Source

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Thursday, August 15, 2013

Obese File Twice as Many Workers' Comp Claims - Law Office of O'Toole & Sbarbaro, P.C. Worker's Comp Blog

Mar. 23
MONDAY, April 23 (HealthDay News) -- A new study of almost 12,000 Duke University employees found that obese workers filed twice the number of workers' compensation claims, had seven times higher medical costs from those claims, and had 13 times more lost work days due to work injury/illness than non-obese employees.
The study, by researchers at Duke University Medical Center in Durham, N.C., also found that obese workers in high-risk jobs incurred the highest medical and economic costs of all employees.
The study is published in the April 23 issue of the Archives of Internal Medicine.
"We all know obesity is bad for the individual, but it isn't solely a personal medical problem -- it spills over into the workplace and has concrete economic costs," study author Dr. Truls Ostbye, a professor of community and family medicine, said in a prepared statement.
"Given the strong link between obesity and worker's compensations costs, maintaining healthy weight is not only important to workers but should also be a high priority for employers," Ostbye said. "Work-based programs designed to target healthful eating and physical activity should be developed and then evaluated as part of a strategy to make all workplaces healthier and safer."
People with a body mass index (BMI) of 30 or above are considered obese. This study found that workers with a BMI of 40 had close to 12 workers' compensation claims per 100 workers, compared with about 6 claims per 100 in workers with a normal BMI (18.5 to 24.9).
Obese workers lost an average of almost 184 work days per 100 employees, compared with just over 14 per 100 for those with a normal BMI. Obese workers had average medical claim costs of $51,019 per 100 workers, compared with $7,503 for non-obese employees.
The lower extremities, wrists, hands, and back were the areas of the body most prone to injury among obese workers. Falls, slips and lifting were the causes of most of these injuries.
More information
The U.S. National Institute of Diabetes and Digestive and Kidney Diseases outlines the health risks of being overweight.
SOURCE: Duke University, new release, April 23, 2007
Original Source

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Tuesday, August 13, 2013

Social Media’s Role In Workers’ Comp Claims

By Lucy Carmel, THELAW.TV
People who file workers’ compensation claims have long faced scrutiny from insurance companies. In the past, insurance companies went as far as hiring private investigators to monitor every move the claimant made. Now, social media is proving to be a valuable tool in proving workers’ compensation fraud.
An Arkansas appeals court recently ruled that Facebook and Myspace photos could be used as evidence in a workers’ compensation lawsuit.
ABC News reports that workers’ compensation recipient Zachary Clement had his appeal denied for additional benefits following a payout for medical expenses and total-disability payments he received for more than a year. Clements was injured on the job after a refrigerator fell on him at Johnson’s Warehouse Showroom in Pine Bluff, Ark.
In Clement’s appeal for an extension of benefits, he contended that he required further medical care and compensation for pain. But photos posted on social media of Clement drinking at bars surfaced and will be used in his court case.
So, is using third-party evidence in workers’ compensation cases really anything new?
“Before social media became prevalent, employers and insurance companies had third parties conducting surveillance on injured workers,” says David Nomberg, P.A., and partner at The Nomberg Law Firm in Birmingham, Ala.
Now that employees are on Facebook, Twitter and other social networks, the defense finds plaintiffs online to see what they’re saying and doing.
Old-school surveillance simply lives on in a new online form.
Social media could even make the days of investigators sitting in a car outside injured workers’ home, filming their every move, obsolete.
Whether evidence comes from the real world or the virtual world, it has to be admissible in court. Judges determine if surveillance video or Facebook posts can be used by the defense against the plaintiff.
Reputation management is crucial
“In a workers’ comp case, a client’s credibility is probably as, if not more, important than anything else in the whole case,” says Nomberg. “If the judge doesn’t believe you, you don’t have a chance.”
With a plaintiff’s reputation at stake, attorneys of defendants often bring character of the claimant under fire.
For a case in point, one of Nomberg’s workers’ compensation clients took to her Facebook page just days before her deposition, commenting about ‘taking down’ her employer. The plaintiff had posted three separate entries about her pending case. Though the comments were deleted, the damage had been done.
“The horse was out of the barn,” says Bernard Nomberg, P.A., and partner at his namesake law firm. “It factored into her case and hurt her monetarily.” The client could have potentially walked away with more compensation had it not been for her Facebook rant.
Of course, evidence gathered by the defense can be discredited when it’s inaccurate. In a separate case, Nomberg recalls video footage from the defense of someone they thought was his client riding a motorcycle, when it was, in fact, his client’s daughter.
Social media: Setting a new precedent?
Decisions to use social media evidence in cases such as Clement’s in Arkansas may be cited in future lawsuits — including workers’ compensation cases and any other types of litigation.
But ultimately, each state has unique laws, and cases will be governed accordingly.
And how far will defendants go to scrape social media evidence?
“We’re starting to see requests from the defense and from employers in litigation asking for social media account names and passwords,” says Bernard.
The Nomberg’s say a judge has yet compelled them to comply with these requests, but they see it happening someday. “We object to it as an invasion of privacy, as burdensome, and as not being relevant.”
Though this advice may be too little too late for Clement in Arkansas, “A good rule of thumb for anyone involved in a lawsuit is to always assume you’re being surveilled”, says Bernard. Adds David, “We always tell our clients to be mindful of their activities because they’re being watched.”
Injured employees and workers’ compensation claimants are still free to live their lives, just within their physician’s restrictions. And they don’t have to log off of their social media accounts, but they shouldn’t post comments, photos or statements about their case or their physical condition.
“And that’s even if you have all the privacy settings in place,” says Bernard. “Friends of friends can be enemies.”
Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Monday, August 12, 2013

Workers' Comp Scams That Push the Limits - Law Office of O'Toole & Sbarbaro, P.C. Worker's Comp Blog

Former Pinellas County, Fla., bus driver Bruce Gilbert is a full-grown man who talked like a 5-year-old, a problem his wife blamed on an "on-the-job" accident.
Over 10 years, the Gilberts collected $774,000 in workers' compensation, enough for plenty of Bruce's favorite foods.
When an insurance investigator from the Florida League of Cities asked what his favorite foods were, Bruce Gilbert responded in a childlike voice: "Pizza and spaghetti." Asked about his favorite books, he said he liked books "about animals." His wife claimed he had a regressive mental ailment that effectively gave him the mental capacity of a child of about 5.
But a private eye investigating Bruce Gilbert's disability found that the ex-bus driver, who now lives in Lake City, Fla., could not only still drive, but was also hunting and playing golf. Police in Columbia County, Fla., nabbed him on the golf course in April 2000.
"You're under arrest for workers' compensation fraud and grand theft," the arresting officer said. "Get out of the golf cart, please."
Gilbert kept up his baby talk even after being cuffed.
"They hurt me," he said. "Mommy. My mommy."
Bruce Speaks in Sentences
Thousands of Americans are getting paid for not going to work through workers' compensation scams that even by the smallest estimates cost $1 billion a year. Workers' comp fraud accounts for about 1 percent to 2 percent of all workers' comp payments, according to J. Paul Leigh, a professor of the University of California, Davis. Some of the cases show just how far people will go to collect.
Numbers are very vague for workers' comp fraud. But the Coalition Against Insurance Fraud says all types of insurance fraud cost the average American household about $950 a year.
When Bruce Gilbert was arrested, so was his wife, Alice. While the Gilberts were alone in the police car, they didn't know investigators had left an audiotape recorder running. As the tape turned, Bruce's vocabulary suddenly expanded.
"Workmen's compensation — those bas-----," he said. His wife suggested he try to fake another injury.
"I want you to have a collapse," she said.
Rather than jail time, the Gilberts were each placed on 15 years' probation and ordered to pay back their ill-gotten gains of $774,000.
Money for Nothing
Millions of Americans claim on-the-job injuries every year, but not all are telling the truth.
Timothy Bernard made a deal in Lowell, Mass., after the evidence against him literally fell from the sky. He was caught on videotape while skyboarding during the same period he claimed to have disabling leg and back injuries. He had to give back $3,000 in workers comp benefits and was given two years probation.
Truck driver Crystal Burrill got caught horsing around in California while she supposedly had spine and neck injuries. A videotape of her taking a spill at a rodeo event forced her to admit she'd committed perjury and lied to get benefits. She got probation and paid back $1,500.
Jim Quiggle of the Coalition Against Insurance Fraud says people have offered numerous excuses when it comes to workers' comp.
"The number one reason that people are committing phony workers' comp claims is the economy," Quiggle said.
Mark O'Brien, director of business development at Claims Resource Inc., a Florida-based investigation firm, says some workers don't give it too much thought.
"They can be your average person just thinking that it's an easy way for them to make some money," O'Brien said.
"Do they realize what kind of a crime they're committing? I don't think they think about it," he said.
From Bad Shoulder to a Wrestling Ring
Leroy Howard of St. Petersburg, Fla., hurt his shoulder moving heavy furniture and received about $5,000 in workers' comp.
But private investigator Mike Martof found the 6-foot-2, 250-pound man working in the ring as a professional wrestler known as "The Navy Seal." The Seal was no match for the private eye's video camera, which revealed that Howard's "injury" did not appear to be hindering his performance.
"Not at all," Martof said. "Not whatsoever."
When speaking to an ABCNEWS correspondent, Howard tried to explain himself.
"What I did was wrong, but I didn't see it as being totally wrong," he said.
But when Howard fought the law, the law won.
He made a plea deal after being charged with workers' comp fraud and grand theft in connection with work he was doing without reporting it.
He pleaded guilty, got probation and agreed to make good on the money.
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The Coalition Against Insurance Fraud says that when there is no prosecution of workers and no restitution, there's no deterrent for scammers, who end up keeping whatever they can get away with.
Employees aren't the only ones who commit workers' comp fraud. Some employers also do it sometimes by understating the number of workers they have on the payroll in order to get away with paying lower premiums.
According to one national study by CAIF, the state of Florida leads the nation in convictions for insurance fraud. The scammers are usually ordered to pay the money back. But collecting it isn't always that easy.
Officials in Florida say the Gilberts have paid back only about $4,000 of the $774,000 they were ordered to return.
When Good Morning America knocked on the Gilberts' door and asked about the money, Alice Gilbert slammed the door and said, "Go away!"
Meanwhile, Howard, the wrestler, said getting caught actually helped him focus on a new direction. He is in college and looks forward to life outside the ring.

Original Article



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