Cemetery worker arrested for workers' compensation insurance fraud
Patrick Storm May 6, 2014 3:50 PM
San Jose, Calif.- Jacob Richard Palomino, 32, of San Jose, surrendered at the Santa Clara County Sheriff's Office on April 14 and was charged with insurance fraud.
The investigation revealed that Palomino was injured while working at Gate of Heaven Cemetery. Palomino allegedly stepped off machinery, stumbled and fell and subsequently sustained an injury to his right knee. Palomino sought medical treatment and was placed on total temporary disability (TTD) from June 2012 through August 2012. Palomino returned to work on modified duty and was placed back on TTD in December 2012 to the present, due to a re-injury.
During the course of the investigation, it was determined Palomino worked as a wrestling coach from December 2012 through February 2013 for a high school. Palomino did not notify Church Mutual Company (Church Mutual) of his second employment. Due to Palomino failing to notify Church Mutual of this, Palomino received both a TTD payment and a stipend from the high school.
Church Mutual incurred an overpayment of TTD of approximately $8,426.19. If convicted Palomino faces up to five years in prison and a fine up to $50,000.
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This case was investigated by CDI's Morgan Hills Fraud Division and prosecution handled by the Santa Clara County District Attorney's Office.