West Virginia Circuit Court Convicts Employer for Workers’ Comp Fraud
Richard J. Custer Jr. has been convicted in Marshall County Circuit Court on felony a felony charge of making a false statement to the West Virginia Workers’ Compensation Commission for providing false information about dates of employment on an application for a claim.
Penalties for making a false statement to the Workers’ Compensation Commission include confinement in a state correctional facility for one to three years and a fine of $1,000 to $3,000, or both, in the discretion of the court. The court shall also order full restitution of all moneys paid by or due to the Workers’ Compensation Fund as a result of the violation. Sentencing is scheduled for Oct. 12 in the Marshall County Circuit Court.
According to a statement issued in Charleston, W.V. by Insurance Commissioner Jane L. Cline, a November 2004 indictment charged Custer with the offense. Custer pleaded guilty in Marshall Circuit court Sept. 8.
“West Virginia employers are required to subscribe to the state Workers’ Compensation Fund,” Cline said. “Criminal charges may be filed against any employer who fails to subscribe, file reports, pay taxes as required by law, or makes a false report or statement.”
Prosecution in this case has been a joint effort by the Insurance Commission’s Office of Inspector General and the office of Marshall County Prosecuting Attorney Jeffrey Cramer.