New York Workers Comp Board Fraud Investigator Terminated after Investigation

An investigator for New Yorks Office of the Workers Compensation Board Fraud Inspector General knowingly fabricated entries in reports he filed with OFIG regarding investigations he had conducted, according to a report issued by the state Inspector Generals office.
According to the North County Gazette, Brian Codys employment with OFIG was terminated as of Nov. 7, 2008, based upon similar findings by OFIG. The Inspector General has referred these findings for prosecutorial review. (WCxKit)
On Oct. 27, 2008, Workers Compensation Board Fraud Inspector General William Gurin informed the Inspector General that, in September 2008, OFIG investigator Cody had admitted fabricating information in his investigative reports regarding allegations of fraud by employees, health care providers, and others.
Specifically, Cody had told colleagues that in order to close cases, they should do what he does and “make up” information. Based upon that remark, OFIG reviewed a sample of 41 of Codys closed cases from the prior year, and memorialized its findings in a report dated Sept. 29, 2008. The review determined that in eight cases Cody had manufactured details regarding his investigations in official reports.
Not long after informing the Inspector General of Codys fabrications, OFIG provided its Sept. 29, 2008 report of Codys false and inaccurate statements to the Inspector General, as well as an Oct. 29, 2008 memorandum memorializing an Oct. 24, 2008 conversation among OFIG employees Cody, Deputy Inspector General Robert Gabrielli, and Assistant Inspector General Scott Jaffer.
According to that memorandum, the conversation occurred not long after Cody was told that he would be fired from employment.
OFIG also determined that, in seven of the 41 cases, Cody had provided incorrect or misleading, though not materially false, information.
Cody acknowledged that he had “embellished” and fabricated interviews and personal visits but was adamant that none of his embellishments had result in to the effect [sic], “nobody innocent went to jail and nobody guilty got a free ride.” Cody stated that he “just wanted to make myself look smart” and that this practice had been long going [sic], including back to his service in the NYPD.
At one point, he allegedly turned to Jaffer, a former NYPD detective, and commented, “You know, it was just like we always used to do on the [NYPD form] DD5s.”
Gabrielli also noted that Cody “seemed not to grasp the seriousness of these ‘embellishments'” and stated that, “if he had to do all the things he had represented on [sic] his reports, he would not have the time to close any cases.” According to Gabriellis memorandum, Cody insisted several times that he had acted alone.
On or around December 2008, OFIG provided the Inspector General with 137 of Cody's reports, a sample from his caseload encompassing the period January 2006 to August 2008. (WCxKit)

The Inspector General
reviewed the documents in each case and, where appropriate, contacted the person or persons whom Cody alleged had provided material information which was used as a basis for ending the investigation.


Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: or

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

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