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For immediate release: Dec. 1, 2017
Cleveland convict adds work comp fraud to criminal record
COLUMBUS - A Cleveland garbage hauler and construction worker serving time in a federal prison for fraud, money laundering and violating the Clean Air Act pleaded guilty to workers' compensation fraud last week.
Christopher Gattarello, 53, pleaded guilty Nov. 22 to a fifth-degree felony count of workers' compensation fraud for working while receiving temporary disability benefits from the Ohio Bureau of Workers' Compensation. A judge in the Franklin County Court of Common Pleas sentenced Gattarello to 186 days in jail with credit for time served.
"This was pretty easy detective work on our part, thanks to our customer claims staff," said Jim Wernecke, director of BWC's special investigations department. "Every time our claims representatives telephoned Gattarello about his injury claim, they could hear construction noise in the background. We simply followed up from there."
Wernecke noted that Gattarello's fraud against BWC started in March 2015, the same month he was convicted on the federal charges. BWC investigators determined Gattarello worked as a driver/heavy equipment operator through Aug. 16 that year and again from November 2015 through June 2016 while concurrently receiving BWC benefits.
Gattarello, the owner of several Cleveland-area garbage-hauling companies, was sentenced in June this year to 57-months in prison for ordering the 2012 demolition of the asbestos-laden National Acme Building in Cleveland's Glenville neighborhood. Gattarello had been leasing the building and storing garbage there. The demolition released harmful toxins into the air near several homes and a school.
In a related case, Gattarello also was convicted in 2015 for conspiracy to commit wire fraud and money laundering for defrauding a Louisiana company out of nearly $1.2 million. He was accused of submitting false invoices for work his companies never performed, then using more than $12,000 of ill-gotten money to pay off his personal credit card.
A Franklin County judge on Nov. 22 ordered Timothy S. Lumsden, 50, of Avon Lake, to pay BWC $5,385 in restitution. He also sentenced Lumsden to 11 months in jail (suspended) and community control for three years.
Acting on a tip in 2015, BWC investigators determined Lumsden had returned to work as an independent carpenter at the Federal Knitting Mills Building in Cleveland while collecting temporary total disability benefits.
Click here for a photo of Lumsden.
To report suspected workers' compensation fraud, call 1-800-644-6292 or visit www.bwc.ohio.gov.
Melissa Vince, 614-466-2956 or 614-202-2329, firstname.lastname@example.org
Tony Gottschlich, 614-644-4940 or 614-296-1734, email@example.com
Established in 1912, the Ohio Bureau of Workers' Compensation provides workers' compensation insurance to 244,000 public and private Ohio employers. With nearly 1,900 employees and assets of approximately $27 billion, BWC is the largest state-run insurance system in the United States. Our mission is to protect Ohio's workers and employers through the prevention, care and management of workplace injuries and illnesses at fair rates. For more, visit www.bwc.ohio.gov.
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