Everything is not “coming up roses” for a Fontana, Calif. man who is facing workers' compensation fraud and perjury charges.
Fifty-four-year-old Jose Cortez formerly earned a living as a gardener until Oct. 2010, when a large tree branch fell and landed on him during his shift for L. Barrios & Associates Landscaping. Cortez was then transported to a local hospital and sent home with “minor work restrictions.”
Although Cortez claimed the injuries sustained that day prevented him from completing his customary work duties, at least one person was not convinced. The following year, a tip aroused enough suspicion to initiate video surveillance of Cortez. During the course of the probe, insurance investigators observed Cortez carrying on as if it were business as usual. In fact, investigators documented at least six separate occasions when they saw him performing his normal duties as a gardener without any obvious signs of discomfort.
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