On November 28, 2022, the San Mateo District Attorney’s Office filed nine counts of felony insurance fraud, as well as a count of attempted perjury, against an applicant in a case handled by Jonathan Freeman of DGC’s San Francisco Office.
Although the case was accepted and temporary disability was being paid, through discovery including subpoenas and a deposition on August 2, 2022, Mr. Freeman established that the applicant was cashing temporary total disability checks while concurrently working for a delivery service.
Additionally, it appeared from the records that the applicant lied about his work with the delivery service at deposition, at first saying that he had not worked anywhere since his date of injury on January 2, 2021. Only later in his deposition did he put forth that he had indeed worked for the delivery service around May of 2021, stating however that it was only for two months.
In reality, the subpoenaed records of the delivery service showed that the applicant had worked for the delivery service for approximately six months, including the day before the deposition and further continuing after the deposition, all while still cashing TTD checks and not reporting his wages to the insurance carrier.
The accused applicant failed to appear at his arraignment on January 11, 2023, and as of January 24, 2023, a bench warrant was issued.
All defendants in a criminal action are presumed innocent until proven guilty in a court of law.
Company Name: Dietz, Gilmor & Chazen, APC
Full Name: David Jankosky, DGC Client Services (213-278-1513)
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