Showing posts with label workers comp. Show all posts
Showing posts with label workers comp. Show all posts

Wednesday, September 24, 2014

Workers Compensation Fraud By The Godfather What's Next



                       Peyman Heidary is a chiropractor known to call himself “The Godfather.”

Law enforcement authorities say Heidary is a crime boss beyond his alias, accusing him of masterminding one of the largest insurance fraud cases the Riverside County District Attorney’s Office has ever prosecuted.

Heidary, 44, of Riverside is charged with heading a criminal organization that established medical clinics in Riverside, Orange and Los Angeles counties and a law firm that submitted thousands of workers’ compensation claims for nonexistent or exaggerated injuries that billed insurance companies for at least $50 million, court records say.

Investigators from the Riverside County District Attorney’s Office and the State Fund had also been able to document a loss of $5 million to the State Fund as of July 23, court documents say.

District attorney spokesman John Hall said the amount that insurance companies actually paid to Heidary was less than $50 million.

The criminal complaint filed July 25 in Superior Court in Riverside lists Heidary’s aliases as Brian Heidary, The Godfather and Number One.

The District Attorney’s Office wouldn’t say how it learned of Heidary’s aliases, but a search of public records showed that Heidary indeed is the No. 1 person in many companies. He is listed as president of California Health Care Management in Corona, Anaheim and La Habra; The Best of California Promotions and Management in Corona, Fullerton and Orange; Heidary Chiropractic in Corona, Fullerton and Anaheim; Doctor’s Reports Inc. in Fullerton and La Habra; California Injury Lawyers in Corona; and California Lawyers Network in Industry.

Other records show Heidary as past managing member of Riverside Health Clinic, Corona Health Clinic and Santa Ana Health Clinic.

In Riverside, the Corona/Riverside Health Clinic on Riverwalk Parkway is shuttered. A notice from the landlord, to Riverside Health Care Management, orders the business to vacate. Delivery notices from UPS are stuck to the door.

Heidary is scheduled to be arraigned today in Superior Court in Riverside. Heidary and three of his employees have been charged with 22 counts each of making fraudulent claims for payment of a health care benefit in excess of $950.

Heidary and Cary David Abramowitz, 57, of Los Angeles were also charged with practicing medicine without certification. Heidary and Erica Torres, 31, of Riverside were charged with practicing law without a license. Heidary, Abramowitz, Torres, and Michael Angel Tuosto Jr., 62, of Long Beach all were charged with conspiracy to commit a crime. All charges are felonies.

Heidary is being held in lieu of $1.3 million bond. Abramowitz and Torres, who are scheduled to be arraigned Sept. 23, posted $50,000 bond and were released. Tuosto was being held in lieu of $50,000 bond and isto be arraigned today.

“Defendant is neither a medical doctor nor an attorney,” district attorney Senior Investigator William Hanley wrote in a court document. The medical clinics’ “main purpose is to milk money out of Workers’ Compensation Insurance Companies,” Hanley added.

The District Attorney’s Office investigated Heidary along with the State Fund and other state agencies, including the Franchise Tax Board, after State Fund investigators alerted the D.A.’s office to a suspected fraud, Hall said.

Saturday, August 30, 2014

Who Overseas Workplace Injury Reports?

That would be the Minnesota Department of Labor and Industry, your go-to place for labor and employment law enforcement.  The department aims to ensure healthy and safe workplaces for Minnesota workers. It also oversees the state workers’ compensation program, through the Workers’ Compensation Division.

…and what can it do for you?

If you’re at the very beginning of the workers’ compensation claim process, you can get an overview of how the process works in Minnesota (http://www.doli.state.mn.us/WC/ClaimProcess.asp).  The DOLI website has a form repository, including a claim petition to be used in cases involving a deceased employee:  http://www.doli.state.mn.us/WC/PDF/cp03.pdf.  Note:  we recommend that you talk to your lawyer before filling in this petition, not after. I recommend contacting www.vanderlindelaw.com immediately.

If your claim for benefits is disputed but you want an alternative to trial, the DOLI can provide mediation services.  These services are both free and voluntary, so they can be a good option if you think there’s a chance of reaching an agreement with your employer. Again I recommend you have a trusted, knowledgeable attorney like Jim Vander Linden on your side 612-339-6841.

Following a claim for benefits, you may want information on vocational rehabilitation services to allow you to return to work:  http://www.doli.state.mn.us/WC/FaqVocRehab.asp.  These services are offered at all locations of the department, which are St. Paul, Duluth, Bemidji, Fergus Falls, Hibbing, Mankato, St. Cloud, and Rochester.

Due to its enforcement responsibilities, the department is the place to go if you have trouble with late payment checks for your workers’ compensation benefits.  Save documentation showing the late payments and send a request for review to the department at:
Minnesota Department of Labor and Industry
Workers’ Compensation Division
Compliance, Records and Training
443 Lafayette Road N.
St. Paul, MN  55155

If penalties are assessed by the department for late payments, those penalties are payable to you.
Finally, like any good website, the DOLI’s site provides a helpful FAQ:  http://www.doli.state.mn.us/WC/Faqs.asp.  The topics address what benefits you might be entitled to (wage-loss benefits, compensation for loss of use of a part of the body, medical benefits, vocational rehabilitation and retraining), whether you can be treated for a work-related injury by your own physician (yes, generally, with some exceptions), and whether you have to attend an independent medical examination (yes!).

Again, this entire process can be overwhelming and we want you to  be able to focus on getting better. In order receive the help you deserve please contact www.vanderlindenlaw.com to make sure you are collecting on all benefits that are due to you!

How To Determine if You are Experiencing a Workplace Injury!





First, if you have suffered an injury at work and have not reported it to your employer, you should do so immediately! There are strict deadlines for actually reporting an injury once you are aware the injury is related to your work activities. Failure to report the injury might be an obstacle from any possible recovery.
Notice of a work- related injury should be given to a supervisor, human resources director, or someone else in a position of authority with the employer. This person should give you a DWC-1 to fill out. The
DWC-1 outlines the nature of your work injury and how it relates to your work. You or your employer should then recommend you to a Redding Worker's Compensation doctor to document the injury and seek treatment.

However, some injuries are difficult to determine if they are work related. The legal test is whether the injury arose out of employment through the course of the employment.

Job Duties Cause an Injury or Disabling Condition Through Repetitive Use During Your Employment.


Not all work comp injuries are the result of one specific incident. If you fall down a flight of stairs and break your leg while at work, anyone could determine the specific time and date the work injury occurred. This is considered a "specific injury." It is fairly easy to determine if this injury is work-related.

However, some injuries are more difficult to determine if they were directly caused by your employment. For example, what about work activities
which over a period of time result in a painful or disabling medical condition? An example of this kind of injury would  be someone who does manual labor and spends all day, everyday, bent over shoveling or lifting. Due to the lifting and shoveling, this person develops lumbar back pain which requires medical treatment. If the work activities of lifting and shoveling contributed to his/ her back injury, this would be a repetitive injury work comp claim.  Other examples would include: if you use your hands repetitively at work and you develop hand/wrist pain; or if you do a lot of walking and climbing and develop knee pain; or if you are exposed to toxins and/or chemicals over a period of time and develop respiratory problems; or if you are exposed to loud noises at work and gradually develop hearing problems. These types of injuries are labeled repetitive, or "cumulative trauma" injuries.

Cumulative trauma injuries happen gradually at work, over a period of time or during a course of repetitive action. These injuries are generally considered to arise out of your employment through the course of doing your work activities. Therefore, they would be a work-related injury and fall under work comp.

One of the trickiest parts of cumulative injuries is determining the date injury occurred. The date of injury for a repetitive use injury, can be the first date you see a physician, the first day you become disabled or limited from the injury, or the last day you work, among other possible dates.

If you suspect that you have such a claim from your work activities, you should give notice to your employer immediately, explaining you have a medical condition which you believe is related to your work activities. Again, follow-up with your physician right away and describe in detail what your job duties were and how they seemed to cause or increase your symptoms.Our Recommendation:If you are unsure whether you have been injured on the job, or if you have a medical condition or disability which you believe was caused or aggravated by your work activities, immediately file a report of injury with your employer and contact our office for a FREE consultation. We will advise you of the rights and benefits available to you.

Tuesday, August 26, 2014

LeVander and Vander Linden Law Office



LeVander & Vander Linden
 
 
5775 Wayzata Boulevard, Suite 670
Saint Louis Park, Minnesota 55416
 
 

(612) 339-6841

Fax: (952) 767-6846
 
 
 
 
 
 
Specializing in:
 
False Claims Act  •  Whistleblower Claims
Workers’ Compensation Claims
Personal Injury
Motor Vehicle Accidents
Product Liability