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FL Man Indicted For Allegedly Collecting WC Benefits While Working

31 Mar, 2009 WorkersCompensation.com

                               
Boston, MA (CompNewsNetwork) - Today, a Florida man was indicted on charges he schemed to falsely collect workers' compensation benefits and lied under oath.  Nelson Morillo, age 32, formerly of Framingham, MA, was charged with Workers' Compensation Fraud (2 counts) and Perjury.

On December 15, 2003, Morillo was injured while working as an asbestos technician for Marcor Holdings, Inc. of Wilmington, MA.  According to authorities, as a result of his injuries, Morillo applied for and began receiving total disability benefits from his employer's insurance company, Zurich North American Insurance Company (Zurich), from December 2003 through March 2004.  During part of this time, Morillo was allegedly employed full-time with The TJX Companies, Inc.

According to authorities, Morillo's total disability benefits were terminated in April 2004 as a result of an Independent Medical Examination (IME), which cleared him to work without restriction.  Authorities allege that in an attempt to obtain partial disability benefits for his December 2003 injuries, Morillo reopened his claim in March 2005 and was subjected to a second IME, at which time he underreported his work hours despite being employed full-time.  As the result of a modification hearing held by the Massachusetts Department of Industrial Accidents (DIA) in May 2005, Zurich was ordered to provide Morillo partial disability benefits while he was allegedly working full-time at TJX. 

According to authorities, an investigation conducted by Zurich found multiple discrepancies between the Employee Earnings Report (EER) submitted by Morillo in June 2005 and records of his employment at TJX including his dates of employment, hours worked and job classification. 

Authorities allege Morillo collected a total of $3,904.31 in workers' compensation benefits to which he was not entitled.  This case was referred to the Attorney General's Office by the Insurance Fraud Bureau of Massachusetts (IFB) in July 2008.

Today, a Suffolk County Grand Jury returned indictments against Morillo.  Morillo is scheduled to be arraigned in Suffolk Superior Court on April 28, 2009.

The prosecutor assigned to this case is Assistant Attorney General Audrey Cosgrove of Attorney General Martha Coakley's Insurance and Unemployment Fraud Division with assistance from IFB.

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