A man who staged a workplace injury with medical costs totaling nearly $ 30,000 will not be able to reject his criminal record after a New Jersey court denied his request to enter the state's bargaining intervention program.
In State v. Goldinsky New Jersey Superior Court, Appellate Division on Wednesday dismissed the 57 – year – old man's allegations that he was unfairly denied entry to the program.
2018 was Goldinsky in the cafeteria at. The New Jersey company where he worked as an independent contractor when he claimed he slipped and fell on ice and suffered injuries. He was transported to a hospital – at a cost of $ 563 to his health insurance company ̵
Later, the company found via surveillance video that Mr. Goldinsky filled a cup with ice, threw it on the floor and lay on top.
He was charged with three-thirds counts of insurance fraud, healthcare fraud and deception and a fourth-degree count of attempted theft through fraud.
Mr. Goldinsky pleaded guilty to third-degree insurance fraud and was sentenced to two years' probation and restoration. He applied for the intervention program for review, but his admission was denied by the prosecutor on the grounds that his admission would "impair the seriousness of his conduct."
Mr. Goldinsky appealed the decision, but an appeals court upheld the denial.
The Board of Appeal considered that he did not show that the rejection of his application was a "gross abuse of discretion" or an error of judgment. The court upheld the prosecutor's conclusion that Mr Goldinsky's "inability to acknowledge his wrongdoing, minimization of the crime and unwillingness to make amends shows a lack of receptivity to the rehabilitation process."