Okla. Man to Serve 9 Years for Workers’ Comp Fraud

July 29, 2005

A Tulsa County, Okla., man was given a 15-year sentence after pleading guilty to one count of workers’ compensation fraud in Tulsa County District Court, according to State Attorney General Drew Edmondson.

Edmondson said Earl Dewayne Botts, 47, was charged June 28 after he reported injuries to his right shoulder allegedly sustained while working as a shop helper at American Staffcorp in Tulsa.

Botts, who told two doctors and a physical therapist he had limited range of motion and severe pain in his shoulder, was seen on surveillance sweeping his driveway, working on his pickup and doing labor intensive work at his second job.

“This was a man who told his physical therapist he was in too much pain to remove his sling in order to complete his therapy,” Edmondson said. “Then, we find out he’s not only pretty handy around the house, but he also has a second job he can apparently perform with no problems. It seems Earl Botts’ supposed injuries were simply a way to collect a pay check without doing any work.”

Edmondson said Botts’ sentence can be attributed to multiple previous convictions including a 2001 conviction of obtaining money by false pretenses and a 1998 conviction of false personation.

Botts yesterday was ordered to serve a 15-year prison sentence with the last six years suspended. He was also ordered to pay a $50 victims’ compensation assessment, court costs and $2,733.01 to CompSource Oklahoma. CompSource is the company that insures American Staffcorp.

“Earl Botts has been in and out of our legal system for years,” Edmondson said. “I would like to commend CompSource on their assistance in helping us once again bring Mr. Botts to justice.”

“Fraudulent workers compensation claims drive up the insurance premiums of all Oklahoma employers,” said Lance Loper, CompSource Director of Internal Audit and Special Investigations Unit. “We will continue to aggressively investigate fraud and work with the state to ensure those who would perpetrate this crime are prosecuted to the fullest extent of the law.”

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