N.J. Man Guilty in Workers’ Comp Scam

April 25, 2005

New Jersey Division of Criminal Justice Director Vaughn McKoy announced that a Monmouth County man has pleaded guilty for his role in a workers’ compensation insurance fraud scam.

According to McKoy and Insurance Fraud Prosecutor Greta Gooden-Brown, Douglas E. “David” Fittinger, 59, of Manasquan, Monmouth County, pleaded guilty before Monmouth County Superior Court Judge Bette Uhrmacher to a criminal Accusation filed by the Division of Criminal Justice – Office of Insurance Fraud Prosecutor.

The Accusation charged Fittinger with theft by deception (3rd degree). When sentenced on June 24, Fittinger faces up to five years in state prison, and a criminal fine of up to $15,000. Fittinger may also face civil insurance fraud fines pursuant to the civil Insurance Fraud Prevention Act.

At the guilty plea hearing, Fittinger reportedly admitted that between Feb.1 and June 10, 2003, he wrongfully obtained workers’ comp payments from his employer, Ralph Clayton and Sons Concrete, located in Lakewood, Ocean County. Ralph Clayton and Sons Concrete is self-insured for workers’ comp insurance meaning that it, rather than an insurance company, makes workers’ comp insurance payments. It administers its own workers’ comp insurance plan.

Fittinger admitted that he claimed total disability from his job as a truck driver in order to steal more than $14,880 in workers’ comp insurance money when, in fact, he was not disabled.

An investigation by the Division of Criminal Justice – Office of Insurance Fraud Prosecutor reportedly determined that Fittinger was dancing at a night club, training as a firefighter, working on a boat, and engaging in other conduct inconsistent with his claim of total disability.

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