Monterey, CA – Monterey County District Attorney Dean D. Flippo recently announced that Jorge Silva Silva, age 64, of King City was sentenced by the Honorable Larry E. Hayes on two counts of making a false statement for the purpose of obtaining workers’ compensation benefits, one count of making a false or fraudulent statement to obtain disability benefits, and one count of use of false documents.
The defendant was placed on felony probation for seven years and eight months. The term of probation was based upon the maximum exposure of the four charges in which the defendant pled guilty. Additional terms of probation included serving 180 days in county jail, and restitution orders in the amount of $46,792.33 for the workers’ compensation fraud and $26,208.00 to the State of California for the disability fraud for a total of $73,000.33.
Silva was employed with a local ranch in King City as an Irrigation Foreman but was terminated on March 14, 2012 when he was unable to renew his driver’s license that was required for his position. A month after his termination the defendant alleged he sustained multiple injuries to his left ankle, left knee, left leg, neck, back and right wrist. Silva claimed the injury was cumulative as well as specific occurring between the timeframe of January, 1992 and March 12, 2012. On July 19, 2012 and September 21, 2012 the defendant testified under oath and denied working since his termination of employment.
The employer’s workers’ compensation insurance carrier received information the defendant was working at another local farm during the time he claimed he couldn’t work. Undercover surveillance conducted revealed an abundance of video showing the defendant working. Silva also illegally collected State disability benefits from the Employment Development Department (EDD) under a social security number that was not his and provided different social security numbers to the two employers.
Workers’ Compensation fraud committed by employers or employees affects all businesses and citizens as it greatly increases the cost of insurance and the cost of doing business in California. The Workers’ Compensation Fraud Unit of the District Attorney’s office investigates and prosecutes cases involving applicant fraud, employer fraud, premium fraud, provider fraud and employer’s who do not carry workers’ compensation insurance.
Source: Monterey County DA