What is the evidence required for a conviction under section 550 of the Penal Code section 550, subdivision (b)(3) of the Workers' Compensation Act for failing to disclose prior low back injuries?

California, United States of America


The following excerpt is from People v. Inocencio, H035654 (Cal. App. 2011):

There is also evidence that defendant knowingly failed to disclose material facts for the purpose of obtaining benefits, which is the evidence required for a conviction under Penal Code section 550, subdivision (b)(3). He failed to disclose his prior low back injuries, which was a material consideration in deciding how much, if at all, defendant's industrial injury had resulted in his permanent disability. (See Brodie v. Workers' Comp. Appeals Bd. (2007) 40 Cal.4th 1313, 1320-1325.) Defendant may or may not have understood the intricacies of the workers' compensation disability rating system but it is reasonable to infer that he knew that a "long history" of low back problems could have a negative impact upon his compensation for the March 28, 2006 incident and that he chose not to reveal that history to maximize his compensation for the current injury.

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