cadethopeful
01-24-2007, 06:41 AM
DA: No charges in CHP injury claims
But probe finds that policies were ignored.
By John Hill - Bee Capitol Bureau
Last Updated 12:08 am PST Wednesday, January 24, 2007
Story appeared in MAIN NEWS section, Page A1
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Mike Brown, California Highway Patrol commissioner, said Tuesday that the agency has experienced a "cultural change" on workplace injuries.
Sacramento Bee/Bryan Patrick
The California Highway Patrol under former Commissioner Dwight "Spike" Helmick ignored its own policies on workplace injuries and was able to use the workers' compensation system "as a tool" to deal with problem employees, according to an investigation by the Sacramento District Attorney's Office released Tuesday.
But the district attorney's 1 1/2-year investigation of former high-ranking CHP officials, including Helmick, did not find enough evidence of wrongdoing to file criminal charges.
"In the final analysis, while the evidence demonstrates significant institutional failings, it does not support the criminal prosecution of any individuals," the report states.
One reason: Several unnamed CHP witnesses were "unable or unwilling" to recall who had made certain decisions about workplace injury claims.
"As a whole, we felt the cooperation ... was very good," said Albert Locher, assistant chief deputy district attorney.
But with some witnesses, "is it really a question that the person doesn't remember, or that they're not willing to say?" Locher asked. "When it comes to proving something in court, we have to play the cards we're dealt."
In 2004, The Bee reported on widespread abuse of workers' compensation and medical pensions in the CHP, including chiefs who claimed injuries on the verge of retirement. Some of them then went on to second careers seemingly at odds with their claimed injuries. The phenomenon was known within the ranks as "Chief's Disease."
Commissioner Mike Brown, appointed shortly after The Bee's investigation, took several steps to address the abuses, including reviews of recent workplace injury claims. Some of these cases involved high-ranking CHP officials. Brown referred them to Sacramento District Attorney Jan Scully to avoid the appearance of a conflict of interest if the department were to investigate its own.
In a press conference Tuesday, Brown pronounced himself "saddened" and "disappointed" by the findings but added that they largely mirrored what the CHP itself found in an internal review shortly after Brown took office.
He said that in the past two years, the CHP has experienced a "culture change" on workplace injuries. By the end of 2006, he said, the CHP workers' comp costs were down 7.2 percent, and new claims had decreased by 24 percent. Brown said he hoped the conclusion of the district attorney's investigation would allow the department to put the issue behind it. "This particular chapter of the book is done," he said.
The district attorney's investigation, which began in May 2005, focused on Helmick and three other former chiefs. Helmick did not respond to an e-mail seeking comment.
"The workers' compensation system, as it was administered by the California Highway Patrol in these cases involving its top management, was riddled with opportunities for abuse and misuse," the investigation concluded.
To make matters worse, an outside agency that was supposed to oversee the claims, the State Compensation Insurance Fund, "essentially ceded this function to the CHP," the report concluded.
In one case, it found that the CHP refused to disclose to the insurance fund that Deputy Chief Ed Gomez, who was out on disability, had been the subject of an internal affairs investigation involving sexual harassment.
The CHP's own policy requires that it disclose such information, since making an injury claim while facing discipline is considered a "red flag" for fraud.
The District Attorney's Office said it spent "substantial resources" to find out who decided to keep the information from the insurance fund, to no avail. That was one reason that it was unable to build a criminal case against any individuals, the report said.
Documents indicated that the decision came through "the chain of command." But those former commanders "either denied passing the direction along, or were unable or unwilling to recall any specific conversations," the report states. "No individual or document could confirm who actually made the decision to refuse the information ... or the basis of that refusal."
Gomez's case was described in The Bee's investigation. His doctor said that he was so disabled by workplace stress and other injuries that, after a 33-year career with the CHP, he could no longer work as a commander. Gomez was hired by the federal government two years later as security director at San Francisco International Airport, a job described as being "on the front lines of the war on terrorism."
The district attorney's investigation found that Gomez went out on sick leave in 2000 a few weeks after he had been informed he was being investigated for sexual harassment. The CHP's internal investigation exonerated him but found he had made inappropriate comments.
But the CHP said it would pursue an "adverse action" against Gomez if he tried to come back as a deputy chief. Gomez did not return a phone call and an e-mail request for comment. In another case, the district attorney found that the CHP failed to disclose to the insurance fund that a former assistant chief on disability was being investigated internally. The CHP continued to pay workers' compensation benefits to the assistant chief even though the insurance fund did not initially authorize the payments.
In this case, too, unnamed former commanders "either denied passing the direction along or were unable or unwilling to recall conversations dealing with such events."
About the writer:
The Bee's John Hill can be reached at (916) 326-5543 or jhill@sacbee.com.
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But probe finds that policies were ignored.
By John Hill - Bee Capitol Bureau
Last Updated 12:08 am PST Wednesday, January 24, 2007
Story appeared in MAIN NEWS section, Page A1
Print | E-Mail | Comments (0)
Mike Brown, California Highway Patrol commissioner, said Tuesday that the agency has experienced a "cultural change" on workplace injuries.
Sacramento Bee/Bryan Patrick
The California Highway Patrol under former Commissioner Dwight "Spike" Helmick ignored its own policies on workplace injuries and was able to use the workers' compensation system "as a tool" to deal with problem employees, according to an investigation by the Sacramento District Attorney's Office released Tuesday.
But the district attorney's 1 1/2-year investigation of former high-ranking CHP officials, including Helmick, did not find enough evidence of wrongdoing to file criminal charges.
"In the final analysis, while the evidence demonstrates significant institutional failings, it does not support the criminal prosecution of any individuals," the report states.
One reason: Several unnamed CHP witnesses were "unable or unwilling" to recall who had made certain decisions about workplace injury claims.
"As a whole, we felt the cooperation ... was very good," said Albert Locher, assistant chief deputy district attorney.
But with some witnesses, "is it really a question that the person doesn't remember, or that they're not willing to say?" Locher asked. "When it comes to proving something in court, we have to play the cards we're dealt."
In 2004, The Bee reported on widespread abuse of workers' compensation and medical pensions in the CHP, including chiefs who claimed injuries on the verge of retirement. Some of them then went on to second careers seemingly at odds with their claimed injuries. The phenomenon was known within the ranks as "Chief's Disease."
Commissioner Mike Brown, appointed shortly after The Bee's investigation, took several steps to address the abuses, including reviews of recent workplace injury claims. Some of these cases involved high-ranking CHP officials. Brown referred them to Sacramento District Attorney Jan Scully to avoid the appearance of a conflict of interest if the department were to investigate its own.
In a press conference Tuesday, Brown pronounced himself "saddened" and "disappointed" by the findings but added that they largely mirrored what the CHP itself found in an internal review shortly after Brown took office.
He said that in the past two years, the CHP has experienced a "culture change" on workplace injuries. By the end of 2006, he said, the CHP workers' comp costs were down 7.2 percent, and new claims had decreased by 24 percent. Brown said he hoped the conclusion of the district attorney's investigation would allow the department to put the issue behind it. "This particular chapter of the book is done," he said.
The district attorney's investigation, which began in May 2005, focused on Helmick and three other former chiefs. Helmick did not respond to an e-mail seeking comment.
"The workers' compensation system, as it was administered by the California Highway Patrol in these cases involving its top management, was riddled with opportunities for abuse and misuse," the investigation concluded.
To make matters worse, an outside agency that was supposed to oversee the claims, the State Compensation Insurance Fund, "essentially ceded this function to the CHP," the report concluded.
In one case, it found that the CHP refused to disclose to the insurance fund that Deputy Chief Ed Gomez, who was out on disability, had been the subject of an internal affairs investigation involving sexual harassment.
The CHP's own policy requires that it disclose such information, since making an injury claim while facing discipline is considered a "red flag" for fraud.
The District Attorney's Office said it spent "substantial resources" to find out who decided to keep the information from the insurance fund, to no avail. That was one reason that it was unable to build a criminal case against any individuals, the report said.
Documents indicated that the decision came through "the chain of command." But those former commanders "either denied passing the direction along, or were unable or unwilling to recall any specific conversations," the report states. "No individual or document could confirm who actually made the decision to refuse the information ... or the basis of that refusal."
Gomez's case was described in The Bee's investigation. His doctor said that he was so disabled by workplace stress and other injuries that, after a 33-year career with the CHP, he could no longer work as a commander. Gomez was hired by the federal government two years later as security director at San Francisco International Airport, a job described as being "on the front lines of the war on terrorism."
The district attorney's investigation found that Gomez went out on sick leave in 2000 a few weeks after he had been informed he was being investigated for sexual harassment. The CHP's internal investigation exonerated him but found he had made inappropriate comments.
But the CHP said it would pursue an "adverse action" against Gomez if he tried to come back as a deputy chief. Gomez did not return a phone call and an e-mail request for comment. In another case, the district attorney found that the CHP failed to disclose to the insurance fund that a former assistant chief on disability was being investigated internally. The CHP continued to pay workers' compensation benefits to the assistant chief even though the insurance fund did not initially authorize the payments.
In this case, too, unnamed former commanders "either denied passing the direction along or were unable or unwilling to recall conversations dealing with such events."
About the writer:
The Bee's John Hill can be reached at (916) 326-5543 or jhill@sacbee.com.
Unique content, exceptional value. SUBSCRIBE NOW!