Ohio Chiropractor to Repay $104K in Work Comp Fraud Case

March 2, 2011

A Fairfield, Ohio (Butler County) chiropractor has pleaded guilty to workers’ compensation fraud, a third-degree felony, in a case that already resulted in charges against four additional employees of the Back and Spine Center, located at 2336 Mack Rd, the Ohio Bureau of Workers’ Compensation reported.

Dr. Gary T. Berner accepted the plea to avoid an impending trial stemming from an investigation by the BWC 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 BWC after being banned from treating injured workers.

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

Ohio Attorney General Mike DeWine’s office assisted in the investigation into Holaday, Berner and three other clinic employees.

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 29.

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

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