Restitution for the Minor Children of Deceased Worker Set For Discussion at Upcoming Hearing

Madera County, CA (Workerscompensation.com) – A California construction company owner who unsuccessfully claimed his workers were independent contractors has been sentenced on a variety of criminal charges. But there is still the issue of money owed to the family of a worker killed while in his employ, and to the state of California.

The case involves Ian Czirban, who was charged after the death of Robert Reagan, III. As reported previously by WorkersCompensation.com, Czirban had hired workers to help battle the wildfires in California. Reagan had worked for him for 5 days, when he was killed as the bulldozer he was driving overturned.

An investigation by Cal Fire and the Contractors State License Board showed Crizban’s company, Crizban Concrete Construction, did not have state required workers’ compensation coverage needed if he was going to have others operate his equipment. He was also accused of filing false documents with Cal Fire.

“Mr. Czirban denied that the operators were employees and that was the primary factual issue at trial,” Deputy District Attorney John F. Hubanks told WorkersCompensation.com. “The Court concluded that the prosecution proved, beyond a reasonable doubt, that the operators were employees and not independent contractors."

Despite Czirban’s not guilty plea, he was found guilty of failing to carry workers’ compensation insurance, payroll tax evasion and submitting false documents to Cal Fire. His probation sentence included 300 days in county jail; however he is eligible to serve that through home confinement. Violating his probation carries a maximum sentence of 4 years, 8 months in prison.

Now, prosecutors are looking for compensation. “While Mr. Czirban has been sentenced, there remains the issue of restitution owed to both the State of California and the minor children of the deceased employee,” Hubanks said. “That issue will be resolved at a restitution hearing, which should be set for some time between April and May."

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