Truck Drivers Arrested for WC Fraud

November 20, 2002

Investigators with the California Department of Insurance (CDI) Criminal Investigations Branch’s Fraud Division announced the arrest of two truck drivers this week. Both cases are being prosecuted by the Workers’ Compensation Unit of the San Bernardino County District Attorney’s Office.

Gerald Boiner, 30, of Rancho Cucamonga, was arrested Nov. 12, 2002 by CDI Fraud Investigators. Boiner alleged that he injured his back and wrist on Aug. 7, 2001 from an on-the-job fall. As a result of the pain he described to his treating physician, Boiner was determined to be Temporarily Totally Disabled and began collecting workers’ compensation benefits through Gallagher Basset Services.

Over the next several months, Boiner collected approximately $12,000 in disability benefits and received over $6,000 in medical services paid for by the insurer. In a June 2002 deposition, Boiner alleged that it was painful for him just to get out of bed and that he had not worked for anyone since he stopped working for the trucking company. Investigators found that during this period Boiner had actually been gainfully employed as an apprentice lineman for electrical companies, digging holes, lifting heavy objects, and climbing poles.

The San Bernardino Superior Court issued a felony warrant on Nov. 7, 2002 charging Boiner with three counts of giving false or misleading information regarding his claim to his insurer and three counts of perjury. He was arrested at a work site and booked at West Valley Detention Center in Rancho Cucamonga on $25,000 bail.

Joseph Gorman, 47, of Riverside, was arrested on Nov. 12, 2002 by CDI Fraud Investigators. Gorman alleged that he injured his left foot in an on-the-job injury in late 2001. In a conversation with his employer’s workers’ compensation insurer, Gorman alleged that his doctor told him that he ripped a ligament and incurred a fracture. Investigators found that Gorman told co-workers that the injury occurred off-duty while playing with his children. Additionally, it was discovered that his medical injuries had been nothing beyond a sprained ankle.

The insurer, Royal & Sun Alliance Insurance Group, paid no benefits on the claim. The San Bernardino Superior Court issued a felony warrant on Nov. 7, 2002 charging Gorman with three counts of giving false or misleading information regarding his claim to his insurer. He was arrested at a work site and booked at West Valley Detention Center in Rancho Cucamonga on $25,000 bail.

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