A 60-year-old man was recently arrested for receiving workers' compensation payments after he swore he could hardly get out of the house and could not even walk after a work-related injury.

Philip Silvernail was a former Poughkeepsie Housing Authority employee who had been awarded total disability payments by the New York State Insurance Fund after reporting a back injury on his job in January 1992.

However, Silvernail seemed rather productive when the New York State Department of Insurance (NYDOI) conducted an investigation of his status. Surveillance revealed that he still managed to both carry and paint on a ladder, replace window shutters and an outside deck, install awnings and stair rails, and operate a backhoe. According to NYDOI, this alleged misrepresentation of his work status resulted in an overpayment from the State Insurance Fund in the amount of nearly $21,000. He now faces up to seven years in state prison after being charged with insurance fraud in the third degree.

Senior Investigator J. W. Kochetta, Jr., conducted the investigation for the Insurance Department, assisted by Investigator John Cozzolino of the New York State Insurance Fund. Detective Vincent Stelmach of the Dutchess County Sheriff's Office assisted in the arrest. The case is being handled by Dutchess County Assistant District Attorney Anthony Parisi.

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Investigative & Forensics