People v. Oshana

Court found Defendant guilty of two counts of workers' compensation fraud, and he was sentenced to probation, fined, and ordered to pay restitution to workers' compensation benefits administrator. Questions to Defendant by claims representative were confusing and could have been interpreted differently. Evidence did not establish that Defendant intentionally lied to claims representative. Evidence was sufficient to conclude that Defendant made intentional misrepresentations to doctors about his symptoms and limitations made for purpose of obtaining workers' compensation benefits. Statute is not unconstitutionally vague, and is rationally related to purpose of deterring fraud. Portion of restitution order based on costs of surveillance is void, as no evidence that Defendant had made fraudulent statements at time of surveillance. (BURKE, concurring; HUTCHINSON, specially concurring.)