San Diego, CA (WorkersCompensation.com) - San Diego County District Attorney Summer Stephan announced today that former San Diego County Sheriff's Deputy, Matthew Tobolsky, 40, was sentenced to 180 days in custody to be served on work furlough for committing felony workers' compensation fraud. On March 2, Tobolsky admitted he misrepresented his physical condition to a physician who was evaluating him in his workers' compensation case. Restitution to the County of San Diego will be determined at a later date.
“This case is a great example of the work being done by our Insurance Fraud Division to make sure people don't game the system,” said District Attorney Summer Stephan. “No one is above the law and it's important that individuals in positions of trust abide by the law. The Sheriff's Department did an excellent job of investigating this case and working with us to deliver a just result.”
Tobolsky's workers' compensation claim dates back to January of 2017. He was assigned to administrative duties when he claimed an unwitnessed injury to his back from lifting two, fivegallon water bottles. Thereafter, for the next six months, Tobolsky represented himself as being too injured to work administrative duties. However, he was filmed at the gym doing dumbbell chest presses with 80 pound weights in each hand, 315 pound dead lifts, and 600 pound leg presses.
Tobolsky pled guilty to a felony violation of Insurance Code section 1871.4(a)(1), Making a False or Fraudulent Statement for the purposes of Obtaining Workers' Compensation. A violation of Insurance Code section 1871.4(a)(1) carries a maximum of five years in local custody.
The fraud came to light during an internal investigation by the San Diego County Sheriff's Department. The case was investigated by the San Diego Sheriff's Office and the California Department of Insurance. The case was then submitted to the San Diego District Attorney's Office for prosecution.
Insurance fraud in the United States costs consumers an estimated $80 to $90 billion per year nationwide. In California, insurance fraud is a $15 billion a year problem. It's the second-largest economic crime in America, exceeded only by tax evasion. The District Attorney's Insurance Fraud Division is dedicated preventing all forms of insurance fraud through proactive prosecution. This team handles investigations related to workers' compensation fraud, disability healthcare insurance fraud, auto insurance fraud and life Insurance and annuity product financial abuse.