W.Va. Claimant Arrested for Workers’ Comp Fraud

Jerry Lee McClelland Jr. has been arrested on one felony count of receiving workers’ compensation benefits for a term longer than he was entitled, according to West Virginia Insurance Commissioner, Jane L. Cline.

McClelland, of Collier County, W.Va. was receiving workers’ compensation benefits for a left knee and back injury that occurred Dec. 15, 2003 while working at Weirton Steel Corp. Investigators however obtained surveillance video in August 2005 showing McClelland performing various physical activities inconsistent with confirmed complaints made to his treating physician. West Virginia State Police arrested McClelland July 11.

“Workers’ compensation insurance provides medical, disability and rehabilitation benefits to workers who suffer injury or disease in the course of and resulting from their covered employment,” Cline said. “Persons who fraudulently secure benefits, file false reports or give false testimony are subject to criminal prosecution”.

McClelland faces one to 10 years in prison and a fine of up to $2,500, as well as full restitution for all monies illegally gained if found guilty of the charge. A preliminary hearing is scheduled for July 26 in Brooke County Magistrate Court.

Investigation of this case has been a joint effort with BrickStreet Mutual Insurance Company, the West Virginia State Police Wellsburg Detachment and the Offices of the Insurance Commissioner’s Fraud Division.

Source: West Virginia Department of Insurance