TRUCK DRIVER, PRISON GUARDS INDICTED

Texas Mutual Insurance Company reported that in unrelated cases Texas grand juries indicted a truck driver and two prison guards on workers’ compensation fraud charges. The guards and the truck driver were allegedly “double-dipping,” a term investigators use for claimants who collect income benefits by saying they unable to work while they are actively employed.

The Travis County grand jury indicted Jerry Amaya of Cedar Creek, Texas. Amaya filed a workers’ compensation claim after he injured his head, chest, neck, right shoulder and arm while working as a truck driver. He claimed he was unable to work as a result of the injuries, and Texas Mutual began paying income benefits. Texas Mutual said its investigation uncovered evidence that Amaya was working–driving a truck for another company–while he received income benefits.

A Dallas County Grand Jury indicted Ron L. Dawson for aggregated theft over $1,500. Dawson received temporary income benefits (TIBs) after reporting he was unable to work due to his 2001 workplace injury. Dawson allegedly hurt his back while working as a security guard for a Dallas homeowners association. He said he was unable to work; however, it was discovered that he took a new job as a prison guard for Dawson State Jail from June 27, 2002, through February 13, 2003. During this time, he received over $6,300 in TIBs.

In Austin, the 299th Judicial District Grand Jury indicted Lloyd Davis, who applied for supplemental income benefits (SIBs) in December 2000, stating that he was not employed and was unable to work due to a workplace injury from his previous job. Davis had received over $8,600 in SIBs when a claim reviewer noticed irregularities in his file. The subsequent Texas Mutual investigation discovered that Davis had worked since 1999–without any disability–as a prison guard at the T. Don Hutto Correctional Facility, a state jail operated by a private company.

Texas Mutual immediately disputed Davis’ entitlement to further benefits and presented its case to the Travis County District Attorney’s Office. On May 4, 2005, a grand jury indicted Davis. He was arrested on May 20 and held in custody pending trial.