Antone Costa Rita, Jr., 58, was arrested on July 31 at his residence as the result of an investigation conducted by the California Department of Insurance (CDI).
He was charged with presenting a false or fraudulent insurance claim and making false or fraudulent statements to his employer and to his treating physicians.
On November 19, 2002, Rita filed a workers' compensation insurance claim with his employer, the City of Menlo Park, alleging that on October 24, 2002 he "rolled" his left ankle while painting lines at a tennis court in a city-owned park.
Over a five-year period ending October 24, 2007, Rita told his treating and evaluating doctors that he was unemployed, that his injury continued to worsen, and that he either could not walk or walked with great difficulty, pain and limping, even after having surgery to repair the injury.
Rita also made similar statements while under oath to an attorney representing Menlo Park during a November 16, 2005, deposition.
However, undercover surveillance videotape taken on various dates throughout 2006 by a private investigation firm for Menlo Park captured Rita walking normally and bearing weight on his left ankle with no indications of pain.
The private investigation firm also videoed Rita involved in activities that appeared to be work-related at a San Jose auto repair shop.
The alleged fraud cost Menlo Park, via its TPA, nearly $131,000, including more than $23,300 in temporary total disability benefits, $14,800 in permanent disability benefits, $38,500 in medical treatment, $3,600 in vocational rehabilitation benefits, and $50,400 in legal expenses, including defense costs and surveillance/investigation.
The case is being prosecuted by the San Mateo County District Attorney's Office. If convicted, Rita could face up to five years in prison and/or $10,000 in fines for each count.
