Dr. Berner accepted the plea to avoid an impending trial stemming from an investigation by the Bureau of Workers' Compensation 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 Bureau of Workers' Compensation after being banned from treating injured workers.

As part of his plea, Berner agreed to pay $104,000 in restitution and $5,000 in investigative costs. His sentencing is scheduled for April 21st 2011.

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 29th 2011. The three other clinic employees have been convicted of fraud as part of the investigation.

Also, in Northern California, Gerald Quint, the former owner of a Bay Area shuttle-service, has been sentenced to 10 years in prison after being convicted of 19 counts of workers' compensation fraud and tax evasion. Quint, who owned and operated New Century Transportation Inc., which contracted with the Santa Clara Valley Transportation Authority and various other corporations to provide shuttle services, was also ordered to pay roughly $2.7 million in restitution as part of his sentence.

Quint, a 54-year-old San Jose resident, was sentenced on Feb. 28th. He pleaded guilty in the summer of 2009 to charges of workers' compensation insurance premium fraud, income and corporate tax evasion and unemployment insurance tax evasion.

Quint under-reported payroll "to fraudulently and substantially reduce" his company's workers' compensation insurance premium by more than $1.3 million.

Barry Zalma is an attorney who acts as a legal expert witness for insurance fraud cases.  He is a Certified Fraud Examiner based in Culver City, California.  zalma@zalma.com www.zalma.com