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CA Department of Insurance

Gardener working while out on disability arrested for workers’ comp fraud

Patrick Storm
November 3, 2014 11:06 AM

ORANGE, Calif. -Ignacio Luna Silva, 61, was arrested for workers' compensation fraud associated with anallegedly fraudulent total temporary disability claim. If convicted, Silva faces a maximum sentence of 12 years in state prison and nearly $225,000 in fines and restitution.

"The disability system is invaluable to individuals that are truly injured and unable to work," said Commissioner Jones. "If you attempt to fraudulently collect benefits, lie to doctors and collect a paycheck, then you can also expect to be arrested and prosecuted to the full extent of the law."

Silva claim she injured his lower back and shoulders while working for a landscaping business in August of 2011, while carrying a bundle of leaves. Silva filed a workers' compensation claim and received temporary total disability benefits from August 15, 2011 to April 17, 2012.

Surveillance was obtained showing Silva performing activities he told his physician he was unable to perform. Silva received over $12,000 in disability benefits while also getting paid for gardening work at a private residence.

Silva posted $20,000 in bail and his case is being prosecuted by the Orange County District Attorney's Office.

Media Notes:

  • Silva's booking photo is available on the CDI Flickr page.
  • Violations: One felony count, insurance code 1871.4 (a)(2), false or misleading statement in support of claim. One felony count, penal code 550 (b)(3), conceal or  knowingly fail to disclose event Penal Code. One felony count, 664/118, attempted perjury.



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