Claimant Not Happy He Was Forced to do the Chicken Dance By Robert Warne - February 12, 2003A claimant jailed for fraud is preparing to crank up his legal barbeque and cook the district attorney and the company that got him locked up.
Stephen Oneto’s work comp claim was opened in 1997 when he injured his back working for Foster Farms in Auburn. His injury was severe enough that steel bars were implanted in his back.
His claim was settled Feb.15, 2000 before the Workers’ Compensation Appeals Board with a lump sum payment of $110,000 from Foster Farms.
Following the settlement Foster Farms approached the DA about investigating Oneto’s claim. The DA subsequently launched an investigation, which led to Oneto’s arrest in April 2001 in Stanislaus County for insurance fraud, filing a fraudulent claim and grand theft.
But in court, the evidence provided by the DA’s investigator and Foster Farms didn’t support their allegations against Oneto and the criminal complaint was dropped.
Oneto filed his countersuit last year in the U.S. District Court in Sacramento.
According to the Modesto Bee his case claims the Stanislaus County district attorney's office essentially acted as an agent for Foster Farms when it tried to prosecute him on a variety of workers comp fraud-related charges.
He is seeking $20 million for exemplary and punitive damages plus other damages arising out of the DA’s malicious prosecution and false arrest.
Although a federal judge has dismissed Foster Farms and its associated parties named in the suit, attempts are being made by Oneto’s attorney to have them reinstated or possibly sued in state court. The county as well is making an attempt to be dismissed from the case before Aug. 14, 2004 when the case goes to court.
With over a year to marinate, it appears Oneto is committed to holding out for the $20 million tender breast rather than settling for a measly drumstick in this drawn out version of legal chicken.
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