Santa Clara County:Three charged with worker’s comp fraud

April 10--A roofer, housekeeper and lab worker who claimed they suffered debilitating injuries on the job have been charged with defrauding the state workers' compensation program, according to the Santa Clara County District Attorney's Office.

If they are convicted of felony insurance fraud, they would face up to five years in jail and have to pay back thousands in benefits, prosecutor David Soares said.

Union City lab worker Ajitender Singh Chadha, 53, has pleaded not guilty. Housekeeper Nancy Benitez, 28, and roofer Cosme Cortest-Alva, 39, of San Jose haven't entered pleas yet.

Chadha claimed he was hurt during a 2011 accident at a lab and had to rely solely on his wife's income. But a forensic accounting investigation conducted by the District Attorney's Office found that he actually owned a gas station, and was using his income from the business to pay for meals and other items he put on an American Express card, Soares said.

Cortes-Alva claimed he was terrified of ladders after falling off a roof and injuring his back. However, he was caught on videotape climbing up and down a ladder over the course of two hours, Soares said.

Benitez contended she could not walk or drive without extreme pain after being hurt on the job at Westfield Valley Fair mall. But she was later seen driving to a mall, shopping and caring for a small child.

"When an injured worker lies about the extent of their injury or their physical abilities as they recover, they are adding unnecessary costs that potentially cheat every worker and every employer in California," Soares said.

Most businesses and other entitities in California must either insure themselves or purchase private insurance to cover basic wages and medical expenses for workers who are disabled on the job. Insurers who suspect fraud file complaints with the state Department of Insurance, which passes them on to prosecutors in each county, Soares said.

"We only open criminal investigations where there is potential of gross fraud," he said, "not in normal disputes about the extent of pain."

Contact Tracey Kaplan at 408-278-3482. Follow her at Twitter.com @tkaplanreport.

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