MAN CHARGED WITH WC FRAUD

The Scurry County (Texas) Grand Jury indicted Jake V. Silva on charges of fraudulently obtaining workers’ compensation benefits; he was reported to have continued working while collecting temporary income benefits (TIBs) for an alleged on-the-job injury. According to Texas Mutual Insurance Co., Silva suffered an injury to his right arm while working for B&F Well Service in Snyder. The same day, a doctor cleared him to return to work with restrictions. When B&F was unable to meet those restrictions, Texas Mutual began paying TIBs. Silva was difficult to contact while off work and an investigation ensued, revealing that Silva started working for Midwestern Services Company Inc. in Snyder shortly after leaving B&F. He later worked for Express Personnel, a staffing service in Midland, where his assignments included operating windmills. After leaving Express Personnel, Silva accepted a job with Teraco Inc. in Midland. An injured worker who is collecting TIBs must notify the insurance carrier if he or she returns to work in any capacity. To prove fraud, the Texas Mutual investigator had to show that Silva knowingly lied in order to receive benefits. The evidence included a recorded conversation between the Texas Mutual adjustor and Silva, in which the adjustor informed Silva of his obligation to notify Texas Mutual if he began working while collecting TIBs. Silva had also received written notices with his TIBs checks and with form TWCC-26 (Texas Workers’ Compensation Commission).

Topics Texas Fraud Workers' Compensation