California employee gets justice in workers' compensation fraud case
For any state considering workers' compensation reform, California should be a cautionary tale.
After his election, Governor "Arnold" began working to reform the state's WC system, promising that changes would save businesses millions, if not billions, in reduced premiums. But years later, those savings still have not been realized, and the reforms have been devastating for injured workers. The only winners from workers' comp reform in California? The insurance companies.
Recently, an injured worker who had been falsely accused of workers' compensation fraud after filing a claim received some measure of justice.
In 1994, Anita Blick, a dispatcher at the Atherton Township Police Department fell as she was running to answer a 911 call. She filed a workers' compensation claim but instead of receiving benefits, she was arrested and charged with fraud, specifically:
- Making a knowingly false or fraudulent material statement or representation for the purpose of obtaining compensation
- Grand Theft
- Concealing or knowingly failing to disclose the occurrence of an event affecting the continued right to receive an insurance benefit. The Town of Atherton through the Cities Group claimed total losses of $247,000, including the cost of the investigative process and attorney fees.
Blick was convicted of the third count and served 60 days of a 90 day sentence in solitary confinement in a California jail.
Within the last two weeks, however, the California Court of Appeals vacated Blick's conviction and granted her a new trial.
More importantly for injured workers in California, the appeals court ruled that the crime for which Blick was convicted is a "specific intent crime," making it much harder for employers and insurance companies to bring workers up on trumped up fraud charges.
According to Californians Injured at Work, "This is a spectacular victory for injured workers all over California who have been falsely accused of Workers Compensation fraud. This legal ploy can no longer be used against an injured worker in this judicial district."
Though Anita Blick was charged with defrauding the workers' compensation system in California, there seems to be no dispute that she suffered a disabling injury at work. Blick's employer was found to have violated her rights for failing to notify her that she was eligible for vocational rehabilitation under the California Labor Code. The employer also underpaid her Total Temporary Disability and they illegally terminated her Total Temporary Disability without just cause.
This is workers compensation reform in action.
If you don't want this to happen in North Carolina, write to your legislators and tell them to oppose any efforts to reform the N.C. Workers' Compensation system.






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