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Fourth Plea Entered In Workers' Comp Fraud Case

01 Mar, 2011 WorkersCompensation.com

                               Columbus, OH (CompNewsNetwork) - A Fairfield (Butler County) chiropractor has pleaded guilty to workers' compensation fraud, a third-degree felony, in a case that already resulted in charges against four additional employees of the Back and Spine Center, located at 2336 Mack Rd. Dr. Gary T. Berner accepted the plea to avoid an impending trial stemming from an investigation by the Ohio Bureau of Workers' Compensation (BWC) Special Investigations Department (SID) and Attorney General Mike DeWine's office. Berner was indicted in July 2010 for his role in a scheme that allowed his colleague, Dr. Bruce E. Holaday, to continue billing BWC after being banned from treating injured workers.

“Our collective efforts demonstrate that we will not tolerate medical providers who try to exploit the workers' compensation system,” said Stephen Buerher, BWC CEO/Administrator. “We rely on honest practitioners to provide quality treatment while conducting their business with BWC in a professional manner; however, we will seek justice when it becomes apparent their greatest concern is their own self interest.”

Ohio Attorney General Mike DeWine's office assisted in the investigation into Holaday, Berner and three other clinic employees. Holaday was indicted on one count each of workers' compensation fraud and theft, felonies of the third degree; thirty-two counts of forgery, each fifth-degree felonies; and engaging in a pattern of corrupt activity (racketeering), a first-degree felony. His trial is set for March 29. The three other clinic employees have been convicted of fraud as part of the investigation.

As part of his plea, Berner agreed to pay $104,000 in restitution and $5,000 investigative costs. His sentencing is scheduled for April 21st.

To report suspected workers' compensation fraud, visit ohiobwc.com, or call 1-800-OHIOBWC.    

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