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Task Force Issues 81 Citations and $135K in Penalties for Labor Law Violations

The Labor Enforcement Task Force (LETF), a multi-agency team of inspectors, yesterday participated in Operation Underground, a statewide enforcement action at construction worksites throughout California. Ten investigators from Cal/OSHA and the California Labor Commissioner’s offices were deployed in Los Angeles, the Silicon Valley, Fresno and the Inland Empire.The enforcement effort is focused on curbing practices common in the underground economy that harm legitimate businesses and workers, including wage theft, tax evasion and fraud.

As a result of inspections, 81citations with penalties of over $135,000 were issued for various labor law and workplace safety violations, including four work stop-orders for failure to maintain workers’ compensation coverage in Fresno, Chino Hills and Uplands. Inspectors found serious safety hazards such as saws without safety guards, scaffolding, stairways, and an open skylight on a roof with no guard rails.

Inspectors also found wage theft violations including inadequate workers’ compensation coverage, failure to pay overtime and failure to provide pay stubs.

Officials claims that not only do these practices provide a competitive edge over compliant establishments, they also compromise the well-being of employees and increase taxpayer burden. “These citations serve as a reminder that underground employers who commit wage theft and intentionally put their workers at risk will not be tolerated,” said Christine Baker, Director of the Department of Industrial Relations (DIR), which administers LETF, and oversees both Cal/OSHA and the California Labor Commissioner’s offices. “LETF focused its resources on construction businesses yesterday due to the inherent danger and potential for labor violations.”

The Labor Enforcement Task Force was formed in January 2012 to combat all industries that operate in the underground economy. The goal of LETF is to ensure safe working conditions, proper payment of wages, and create an environment where legitimate businesses can thrive as well as support the collection of taxes, fees and penalties due to the State of California.

The Labor and Workforce Development Agency, the first cabinet-level agency coordinating workforce programs, oversees both LETF, led by DIR, and the Joint Enforcement Strike Force (JESF), headed by the Employment Development Department. LETF and JESF both participated in today’s enforcement efforts, which were coordinated by the California Department of Insurance.

Additional information on the underground economy, the Labor Enforcement Task Force and DIR is posted online and on DIR’s Facebook and Twitter pages. California workers and employers can contact the task force hotline at 855-297-5322 to report documented complaints and enforcement tips.

Convicted DME Owners Sentenced for Fraud and Kickbacks

Edna Calaustro was sentenced to 24 months in prison and Mele Saavedra was sentenced to three years’ probation for conspiracy to commit health care fraud, conspiracy to pay and receive kickbacks involving the Medicare program, and health care fraud. , The announcement was made by United States Attorney Melinda Haag, FBI Special Agent in Charge David J. Johnson, and Special Agent in Charge for the Los Angeles Regional Office of Inspector General of the Department of Health and Human Services Glenn R. Ferry.

The evidence at trial showed that beginning in approximately December 2006 and continuing through July 2011, Patrick Sogbein, the owner of Debs Medical Distributors, a Van Nuys durable medical equipment company, and his wife, Adebola Adefunke Adebimpe, the owner of Dignity Medical Supply, a Santa Clarita durable medical equipment company, submitted over 400 false and fraudulent claims to Medicare using fraudulent prescriptions and medical records prepared by Calaustro. The evidence also showed that Sogbein and Adebimpe worked with Calaustro, then a San Francisco-based physician, and street level recruiters, including Eduardo Abad and Saavedra.

Abad and Saavedra recruited beneficiaries at locations in the Tenderloin and South of Market neighborhoods in San Francisco, including a fast food restaurant at the Powell Street cable car turnaround and a Tenderloin neighborhood senior center. After identifying beneficiaries, Calaustro, with Abad or Saavedra, went to the beneficiaries’ homes with a portable copy machine, copied their Medicare cards, and conducted sham examinations to obtain background information for the required Medicare paperwork. Calaustro gave the fraudulent paperwork and bogus prescriptions to Sogbein and Adebimpe. Sogbein and Adebimpe, in turn, created additional fraudulent paperwork in the names of their respective companies and submitted the claims to Medicare. Sogbein paid Calaustro a $100 kickback for each power wheelchair prescription. Sogbein paid Abad and Saavedra a $100 and $50 kickback, respectively, for each beneficiary they identified. From December 2006 through July 2011, Sogbein and Adebimpe were paid more than $1.6 million for over 400 fraudulent power wheelchair claims submitted to Medicare using the fraudulent prescriptions written by Calaustro. In mid-2011, Calaustro began working as a physician in Los Banos.

Calaustro, 71, of Daly City and Los Banos, and Saavedra, 49, of San Francisco, respectively, along with co-defendants Sogbein, Adebimpe, and Abad, were indicted by a federal grand jury on Jan. 26, 2012, for conspiracy to commit health care fraud, in violation of 18 U.S.C. § 1349, and health care fraud, in violation of 18 U.S.C. § 1343. Calaustro and Saavedra were arrested on Feb. 9, 2012, in Los Banos and San Francisco, respectively. After their initial appearances, Calaustro and Saavedra were released on bail. On Sept. 19, 2013, a grand jury returned a superseding indictment, charging Sogbein, Adebimpe, Calaustro, Abad, and Saavedra with conspiracy to commit health care fraud, in violation of 18 U.S.C. § 1349, and health care fraud, in violation of 18 U.S.C. § 1343. The indictment also charged Sogbein, Calaustro, Abad, and Saavedra with conspiracy to pay and received kickbacks involving the Medicare program, in violation of 18 U.S.C. § 371.

On Sept. 30, 2013 and Oct. 21, 2013, respectively, Calaustro and Saavedra pleaded guilty to conspiracy to commit health care fraud, conspiracy to receive kickbacks involving the Medicare program, and health care fraud. Calaustro and Saavedra both testified in November 2013 at the trial of co-defendants Sogbein, Adebimpe, and Abad.

The sentences for Calaustro and Saavedra were handed down by the Honorable Jeffrey S. White, United States District Court Judge. Judge White also sentenced Calaustro to a 3 year period of supervised release following her 24 month prison term and ordered forfeiture of $1,577,426 and restitution of the same amount to Medicare. Calaustro remains out of custody and is scheduled to begin serving her sentence on Nov. 17, 2014. Judge White sentenced Saavedra to perform 500 hours of community service during her 3 year term of probation and ordered forfeiture of $275,338 and restitution of the same amount to Medicare.

On June 17, 2014, co-defendants Sogbein, Adebimpe, and Abad, who were all convicted after trial, were sentenced to prison terms of 144 months, 51 months, and 12 months and 1 day, respectively. Sogbein is in custody. Adebimpe began serving her sentence. Abad remains out of custody pending his appeal.

Denise Marie Barton and Randy Luskey are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Assistant U.S. Attorney David Countryman, Beth Margen, and Bridget Kilkenny. The prosecution is the result of an investigation by the Federal Bureau of Investigation in San Francisco and Office of Inspector General, Department of Health and Human Services in Los Angeles.

Southern California Physician Pleads Guilty in Fraud Case

A Los Angeles County physician whose referrals led to more than $1.7 million in fraudulent Medicare billing pleaded guilty this to participating in a conspiracy to defraud Medicare by writing prescriptions for unneeded durable medical equipment (DME), such as power wheelchairs. Charles Okoye, a 52-year-old Carson resident, pleaded guilty to one count of conspiracy to commit health care fraud.

Appearing before United States District Judge Michael W. Fitzgerald, Okoye admitted that he wrote prescriptions for medically unnecessary DME for patients referred to him through Adelco Medical Distributors, Inc., a Gardena-based DME supply company.

Between November 2008 and November 2011, Adelco recruited Medicare beneficiaries and took them to see Okoye, who would issue DME prescriptions – primarily for power wheelchairs -after giving the “patients” a single, cursory examination. Adelco then billed Medicare for providing the DME, which the beneficiaries did not want and often never used. In return for these referrals, Okoye received illegal kickbacks for every DME prescription from Adelco’s owner, Adeline Ekwebelem. Okoye’s referrals led Adelco to submit approximately $1.7 million in fraudulent claims to Medicare, and Medicare paid Adelco more than $820,000. Okoye also fraudulently billed Medicare more than $50,000 for services he claimed to have provided to the “patients” who received unnecessary prescriptions.

Ekwebelem, 51, of Hawthorne, is also charged in the case, and she is scheduled to go on trial before Judge Fitzgerald on September 9. The Adleco indictment charges four other defendants, three of whom have previously pleaded guilty. The final defendant is currently a fugitive.

In his plea agreement, Okoye also admitted that he engaged in a similar unlawful arrangement with another DME company, Esteem Medical Supply in Inglewood.

Okoye is scheduled to be sentenced by Judge Fitzgerald on December 8. At sentencing, Okoye faces a statutory maximum sentence of 10 years in federal prison. As part of his guilty plea, Okoye has agreed that the California Medical Board can revoke his license to practice medicine.

The investigation into Okoye, Ekwebelem, and the others involved in Adelco’s fraudulent scheme to defraud Medicare was conducted by the U.S. Department of Health and Human Services, Office of the Inspector General, and the Federal Bureau of Investigation.

Two More Deaths Reported in Southern California Comp Community

After the report yesterday of the passing of Retired Workers’ Compensation Judge Samuel L. Sosna Jr. we are saddened to learn of the passing of yet two additional members of our Southern California Workers’ Compensation community.

Jack Paul Koszdin, the founding partner of the applicant’s firm of Koszdin, Fields Sherry and Katz in Van Nuys California passed away on Sunday, August 24, 2014. There will be a memorial service this Wednesday, August 27, 2014 at 10:00 a.m. at Mt. Sinai Cemetery in the Chapel Tanach. The California State Bar website provides the following tribute to Jack.

Born in 1931, Jack Koszdin grew up in Chicago, a child of Russian Jewish immigrants. As a young man, he moved to California and attended UCLA for his undergraduate degree and his J.D. Admitted to the California State Bar in 1955, Jack Koszdin dedicated his professional life to securing the rights of injured workers throughout California, which he championed through the law, through the classroom and through broadcast media.

Jack strongly supported workers’ union rights, serving as a founding member of VELPEC. He was legal advisor to the Valley Labor Political Education Council and co-hosted the Union Voice radio program.

Jack’s passion for politics lead him to work on numerous political campaigns for democratic candidates throughout his career. He supported such notable leaders as Tom Bradley, Bill Lockyer, Hilda Solis, Loretta Sanchez, and Richard Katz, among many others.

Service to the community has always been a priority to Jack. He has served in leadership positions for such organizations as Red Cross, Child Guidance Clinic, and Valley Hillel. Jack lectured in law at UCLA, the University of West Los Angeles and L.A. Trade Tech. He was a partner in the firm of Levy, Koszdin and Woods before heading the firm of Koszdin and Siegel, which later became Koszdin, Fields, Sherry and Katz, where he remained senior partner until his recent retirement.

It is through the efforts of Jack P. Koszdin and the powerhouse attorneys like him, who over the years have zealously protected some of our state’s most important yet vulnerable members — the laborers — that such landmark cases as Zemke v. Workmen’s Comp. App. Bd. 68 Cal. 2d 794 and Franklin v. Workers’ Comp. Appeals Bd., supra, 79 Cal.App.3d at pp. 237-238 came to be. After almost 60 years in the field of workers’ compensation law, Jack cared deeply for the plight of the injured worker, whose rights and benefits need defending now more than ever.

While Jack’s professional achievements are many, his greatest pride comes in the successes of his children, Shelli, Kari, Kenton, David and Frank, who are all accomplished professionals in their own right. He lived in Burbank, California with his beloved wife of years, Helen Griffin.

We must also report that Workers Compensation Judge Dennis Stach from the Riverside WCAB Passed away on August 7, 2014 in Norco, CA.

Judge Stach graduated from Elmwood Park High School in 1962. He enlisted in the US Air Force where he served as a Pararescue Specialist during the Vietnam era. He went on to undergraduate studies at California State Polytechnic University and then law school at the University of La Verne and became an attorney in 1979 and later served as a Workers’ Compensation judge in Southern California. He retired in 2010 after 25 years of service.

Judge Stach is survived by his sister, Mary Ann Carr, from San Diego; and brother, William Stach, of Streamwood, IL.

The Southern California Workers’ Compensation community will surly miss both of these fine professionals who were well respected and well liked by colleagues.

Medical Marijuana States Report 25% Reduction in Opioid Fatalities

Researchers aren’t sure why, but in the 23 U.S. states where medical marijuana has been legalized, deaths from opioid overdoses have decreased by almost 25 percent, according to a new analysis reported by Reuters Health.

California, Oregon and Washington first legalized medical marijuana before 1999, with 10 more following suit between then and 2010, the time period of the analysis. Another 10 states and Washington, D.C. adopted similar laws since 2010.

For the study reported in JAMA Internal Medicine, August 25, 2014,, Marcus A. Bachhuber, MD of the Philadelphia Veterans Affairs Medical Center and the University of Pennsylvania, and his colleagues used state-level death certificate data for all 50 states between 1999 and 2010. In states with a medical marijuana law, overdose deaths from opioids like morphine, oxycodone and heroin decreased by an average of 20 percent after one year, 25 percent by two years and up to 33 percent by years five and six compared to what would have been expected, according to results in JAMA Internal Medicine.

Meanwhile, opioid overdose deaths across the country increased dramatically, from 4,030 in 1999 to 16,651 in 2010, according to the Centers for Disease Control and Prevention (CDC). Three of every four of those deaths involved prescription pain medications. Of those who die from prescription opioid overdoses, 60 percent have a legitimate prescription from a single doctor, the CDC also reports.

Medical marijuana, where legal, is most often approved for treating pain conditions, making it an option in addition to or instead of prescription painkillers, Bachhuber and his coauthors wrote. But the full scope of risks, and benefits, of medical marijuana is still unknown. “I think medical providers struggle in figuring out what conditions medical marijuana could be used for, who would benefit from it, how effective it is and who might have side effects; some doctors would even say there is no scientifically proven, valid, medical use of marijuana,” Bachhuber said. “More studies about the risks and benefits of medical marijuana are needed to help guide us in clinical practice.”

Marie J. Hayes of the University of Maine in Orno co-wrote an accompanying commentary in the journal. “Generally healthcare providers feel very strongly that medical marijuana may not be the way to go,” she told Reuters Health. “There is the risk of smoke, the worry about whether that is carcinogenic but people so far haven’t been able to prove that.” There may be a risk that legal medical marijuana will make the drug more accessible for kids and smoking may impair driving or carry other risks, she said. “But we’re already developing Oxycontin and Vicodin and teens are getting their hands on it,” she said. If legalizing medical marijuana does help tackle the problem of painkiller deaths, that will be very significant, she said. “Because opioid mortality is such a tremendously significant health crisis now, we have to do something and figure out what’s going on,” Hayes said.

The efforts states currently make to combat these deaths, like prescription monitoring programs, have been relatively ineffectual, she said. “Everything we’re doing is having no effect, except for in the states that have implemented medical marijuana laws,” Hayes said. People who overdose on opioids likely became addicted to it and are also battling other psychological problems, she said. Marijuana, which is not itself without risks, is arguably less addictive and almost impossible to overdose on compared to opioids, Hayes said.

Claimant/Restaurant Owner Gets 120 Days For Collecting TTD While Working

A former San Mateo County files clerk caught on video working at restaurants she owned while collecting disability for a supposed back injury was sentenced Thursday to 120 days in jail, according to District Attorney Steve Wagstaffe. and the story in Insurance News Net.

But Superior Court Judge Craig Parsons recommended that sheriff’s officials instead confine and electronically monitor Sunita Sagar, 46, inside her home over that period. Parsons also placed Sagar on probation for three years, but defense attorney Lauren Kramer said the felony fraud charge will be reduced to a misdemeanor after 18 months if she behaves.

Sagar and her husband own multiple restaurant franchises in the Bay Area, including several Denny’s, a Baja Fresh and a Jack in the Box, although none in San Mateo County, Wagstaffe said. They also own a computer equipment store in Fremont.

According to prosecutors, Sagar collected disability benefits from 2008 to 2012 for a back injury she reportedly sustained while working. She convinced doctors she was “completely sedentary and could not conduct her daily activities,” and requested in-home care, according to Wagstaffe.

But insurance fraud investigators caught Sagar on hidden video “engaged in a very active lifestyle” that included working at her businesses, walking and bending without sign of discomfort, according to Wagstaffe. When her doctors were shown the video, they confirmed that Sagar had misrepresented her disability and was able to work, the district attorney said.

Despite her client’s no-contest plea, Kramer said the videos don’t prove Sagar was working. The allegations “weren’t ever tested,” she added, because the case didn’t go to trial. “Obviously we have a very different perspective,” Kramer said in a phone interview Thursday. “She indisputably spent time at the restaurants they owned, but she was not involved in the day- to-day operations.”

Sagar received approximately $22,000 in undeserved benefits, according to the district attorney’s office. On Thursday, she was also ordered to pay restitution to the county totaling $54,773, which include the costs of the investigation, according to Wagstaffe.

Retired Workers’ Compensation Judge Samuel L. Sosna Jr. Dies of Cancer

Retired Workers’ Compensation Judge Samuel L. Sosna, Jr. passed last week after a long battle with cancer.

Hon. Samuel L. Sosna, Jr. was retired as a Workers’ Compensation Administrative Law Judge in the Van Nuys District Office of the California Division of Workers’ Compensation. His retirement was announced in April, 2009. He was the past Presiding Judge of the Pasadena District Office from 1990 to 1996. He was well liked and well respected during his tenure as an attorney and as a Worker’s Compensation Judge.

He received his undergraduate degree from Stanford University and his law degree from the University of California Los Angeles. He was admitted to the California Bar on January 14, 1959.

There has not been any public announcement of funeral arrangements.

Feds Reclassify Hydrocodone Combination Products to Schedule II Narcotic

The U. S. Drug Enforcement Administration (DEA) published in the Federal Register the new Final Rule moving hydrocodone combination products (HCPs) from Schedule III to the more-restrictive Schedule II, as recommended by the Assistant Secretary for Health of the U.S. Department of Health and Human Services (HHS) and as supported by the DEA’s own evaluation of relevant data. The Federal Register has made the Final Rule available for preview on its website today at This Final Rule imposes the regulatory controls and sanctions applicable to Schedule II substances on those who handle or propose to handle HCPs. It goes into effect in 45 days.

The Controlled Substances Act (CSA) places substances with accepted medical uses into one of four schedules, with the substances with the highest potential for harm and abuse being placed in Schedule II, and substances with progressively less potential for harm and abuse being placed in Schedules III through V. (Schedule I is reserved for those controlled substances with no currently accepted medical use and lack of accepted safety for use.) HCPs are drugs that contain both hydrocodone, which by itself is a Schedule II drug, and specified amounts of other substances, such as acetaminophen or aspirin.

“Almost seven million Americans abuse controlled-substance prescription medications, including opioid painkillers, resulting in more deaths from prescription drug overdoses than auto accidents,” said DEA Administrator Michele Leonhart, “Today’s action recognizes that these products are some of the most addictive and potentially dangerous prescription medications available.”

When Congress passed the CSA in 1970, it placed HCPs in Schedule III even though it had placed hydrocodone itself in Schedule II. The current analysis of HCPs by HHS and the DEA shows they have a high potential for abuse, and abuse may lead to severe psychological or physical dependence. Adding nonnarcotic substances like acetaminophen to hydrocodone does not diminish its abuse potential. The many findings by the DEA and HHS and the data that support these findings are presented in detail in the Final Rule on the website. Data and surveys from multiple federal and non-federal agencies show the extent of abuse of HCPs. For example, Monitoring the Future surveys of 8th, 10th, and 12th graders from 2002 to 2011 found that twice as many high school seniors used Vicodin®, an HCP, nonmedically as used OxyContin®, a Schedule II substance, which is more tightly controlled.

In general, substances placed under the control of the CSA since it was passed by Congress in 1970 are scheduled or rescheduled by the DEA, as required by the CSA and its implementing regulations, found in Title 21 of the Code of Federal Regulations. Scheduling or rescheduling of a substance can be initiated by the DEA, by the HHS Assistant Secretary of Health, or on the petition of any interested party. (Detailed information on the scheduling and rescheduling process can be found beginning on page 8 of Drugs of Abuse on the DEA’s website at

The rescheduling of HCPs was initiated by a petition from a physician in 1999. The DEA submitted a request to HHS for a scientific and medical evaluation of HCPs and a scheduling recommendation. In 2013, the U. S. Food and Drug Administration held a public Advisory Committee meeting on the matter, and the committee voted to recommend rescheduling HCPs from Schedule III to Schedule II by a vote of 19 to 10. Consistent with the outcome of that vote, in December of 2013 HHS sent such a recommendation to the DEA. Two months later, on February 27, the DEA informed Americans of its intent to move HCPs from Schedule III to Schedule II by publishing a Notice of Proposed Rulemaking in the Federal Register, outlining its rationale and the proposed changes in detail and soliciting public comments on the proposal, of which almost 600 were received. A small majority of the commenters supported the proposed change.

Granite Installer Faces 30 Years For Double Dipping

An employee for a building remodeling company was scheduled to be arraigned for allegedly cashing in $24,000 in disability checks after telling doctors he could not work–and then working somewhere else installing granite and earning $54,000.

OCWeeky reports that Angel Monzon, 51, of Santa Ana, was charged with 24 felony counts of insurance fraud, seven felony counts of perjury under oath, and four felony counts of making fraudulent statements. Held on $39,000 bail heading into the hearing, Monzon could get up to 30 years in state prison with a conviction, according to the Orange County District Attorney’s office (OCDA).

Monzon lost his balance while working for Fermol Inc. in Huntington Beach on April 19, 2010, when he dropped a large piece of granite that landed on his right thigh and knee and broke. He was placed on temporary total disability and received more than $24,000 in TTD benefits, reporting to doctors that he was unable to work as a result of the injuries he suffered and has limited physical abilities, prosecutors say.

But Monzon actually kept working as a granite installer on a new job–while illegally continuing to accept disability benefits, according to the OCDA. .He is accused of making matters worse for himself on Jan. 30, 2013, when he allegedly lied in a deposition. According to prosecutors, Monzon claimed under oath to: not have worked since the date of the injury; only earn income from TTD benefits; have not worked since April 11, 2012; not have performed any activities involving granite since the date of the injury; not to have loaded or unloaded any granite since the date of the injury; to not have lifted anything over 5 pounds since the date of the injury; and not using a grinder, sander or buffer since the date of the injury.

But a California Department of Insurance investigation produced video evidence of Monzon “working on manual labor projects similar to those performed prior to his injury,” the OCDA say. Arrested by sheriff’s deputies, Monzon allegedly earned more than $54,000 from a new business while illegally receiving and cashing disability checks.

Court of Appeal Rejects Worker’s Fraudulent Concealment Case

Jeff Sinclair worked for Praxair Inc. collecting and testing soil, water, and air samples from potentially contaminated sites. During his employment, he underwent annual physical examinations. Several of his annual physical examinations after 1993 showed he had high blood urea nitrogen and creatinine levels and the examiner noted he should follow up with his own physician. Although Sinclair received copies of all of his annual examination results, he never reviewed them and, therefore, never complied with the recommendation to follow up with his personal physician. Nonetheless, his personal physician diagnosed him with renal disease in 1994 and he admittedly knew of the diagnosis at least since 1996. At the time, his physician attributed his renal disease to gout.

In 2009, after another annual examination, he was diagnosed with stage IV renal failure and became disabled from work. A worker’s compensation qualified medical examiner determined 85 percent of the cause of his renal disease was from work-related chemical exposures.

The Sinclairs subsequently sued Praxair for intentional conduct violating public policy, intentional infliction of emotional distress, and loss of consortium. Their complaint principally alleged Praxair intentionally concealed that workplace chemical exposures both caused and aggravated Sinclair’s renal disease. Praxair moved for summary judgment, arguing the Sinclairs could not establish their claims fell within the fraudulent concealment exception to the workers’ compensation exclusivity doctrine because, among other reasons, Sinclair knew he had renal disease. The superior court agreed and granted summary judgment to Praxair.

The Court of Appeal affirmed in the unpublished case of Sinclair v Praxair Inc.

An employee injured during the course of employment is generally limited to remedies available under the Workers’ Compensation Act. Labor Code section 3602(b)(2) provides a narrow exception to this exclusivity rule and allows a civil suit ‘[w]here the employee’s injury is aggravated by the employer’s fraudulent concealment of the existence of the injury and its connection with the employment, in which case the employer’s liability shall be limited to those damages proximately caused by the aggravation . . . .’ This provision was enacted in 1982 and codifies the common law fraudulent concealment exception that was enunciated by the Supreme Court in Johns-Manville Products Corp. v. Superior Court (1980) 27 Cal.3d 465.

Three conditions are necessary for the fraudulent concealment exception to apply: (1) the employer must have concealed the existence of the injury; (2) the employer must have concealed the connection between the injury and the employment; and (3) the injury must have been aggravated following the concealment. If any one of these conditions is lacking, the exception does not apply and the employer is entitled to judgment in its favor.

Here, the undisputed evidence shows Sinclair was diagnosed with renal disease in 1994 and he knew of the diagnosis as early as 1996. Consequently, the Sinclairs cannot establish the first element of the fraudulent concealment exception, that Praxair concealed the existence of his injury from him.