State of Minnesota District Court County of Anoka 10th Judicial District

State of Minnesota County of Anoka

District Court 10th Judicial District

Prosecutor File No. Court File No.

CA-2018-02107

State of Minnesota, Plaintiff,

vs. TODD ROSS LUTTMAN DOB: 06/05/1973 10559 Martin Street NW Coon Rapids, MN 55433

Defendant.

COMPLAINT Summons

The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s):

COUNT I

Charge: Workers Compensation Fraud ($1,000 - $5,000) Minnesota Statute: 176.178.1, with reference to: 609.52.3(2) Maximum Sentence: 0-10 Years and/or $6,000.00 - $20,000.00 Offense Level: Felony

Offense Date (on or about): 09/23/2013

Control #(ICR#): 18000037

Charge Description: On or about, or between September 23, 2013 & March 31, 2016, in the County of Anoka, Minnesota, TODD ROSS LUTTMAN, did with intent to defraud, receive workers' compensation benefits to which the person is not entitled by knowingly misrepresenting, misstating, or failing to disclose any material fact, and the value of property or services stolen is more than $5,000.

COUNT II

Charge: Insurance Fraud Minnesota Statute: 609.611.1(a)(2), with reference to: 609.52.3(2), 609.611.3 Maximum Sentence: 0-10 Years and/or $6,000.00 - $20,000.00 Offense Level: Felony

Offense Date (on or about): 09/23/2013

Control #(ICR#): 18000037

Charge Description: On or about, or between September 23, 2013 & March 31 2016, in the County of Anoka, Minnesota, TODD ROSS LUTTMAN, did with the intent to defraud for the purpose of depriving another of property or for pecuniary gain, present, cause to be presented, or prepare with knowledge or reason to believe that it will be presented, by or on behalf of an insured, claimant, or applicant to an insurer, insurance professional, or premium finance company in connection with an insurance transaction or premium finance transaction, any information that contains a false representation as to any material

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fact, or that conceals a material fact concerning a claim for payment or benefit under an insurance policy, and the value of property, services, or other benefit wrongfully obtained or attempted to obtain, or the aggregate economic loss suffered by any person as a result of the violation exceeds $5,000.

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STATEMENT OF PROBABLE CAUSE

BACKGROUND INFORMATION:

Under Minnesota law, employers are generally required to provide worker's compensation insurance for employees injured on the job. Worker's Compensation Insurance pays for the medical care, lost income, and vocational rehabilitation of the insured employee.

Minnesota Worker's Compensation law provides that when an individual is injured on the job, and sustains a temporary total disability (TTD), worker's compensation insurance is to pay the injured individual while the TTD lasts or for a maximum of one hundred and thirty (130) weeks. An example of a TTD is an employee breaks a bone in his arm, requires surgery and rehabilitation, and is unable to work until the fracture heals and the rehabilitation is complete. The employee works for a package delivery company and is required to lift packages weighing anywhere from a few ounces to 50 pounds. TTD benefits would be paid to the employee until they were able to go back to work or for 130 weeks.

Minnesota Worker's Compensation law also provides for temporary partial disability (TPD) benefits. TPD benefits are paid out when the injured worker can return to work on either a part-time or full-time basis with light or reduced work duties. An example of TPD is the employee above has recovered from the surgery, is in rehabilitation, can return to work but only on a part-time basis or can return to work and only lift up to twenty pounds. TPD benefits would then be paid to the employee. TPD benefits are only paid if the employee is earning less after the injury than before the injury.

FACTS SPECIFIC TO THIS CASE:

In January of 2009, the defendant, Todd Ross Luttman (DOB: 6/5/73), was working for Transit America, Inc. in Coon Rapids, Minnesota when he was injured on the job. The defendant injured his back. The defendant applied for and received TTD benefits. Transit America's Worker's Compensation Insurance Company is Auto Owners Insurance Company. The defendant collected TTD benefits for the full 130 weeks. Due to his injury, the defendant could not go back to work for Transit America. The defendant then obtained a part-time job at Average Joe's Archery Shop in Coon Rapids. Since the defendant was working less hours and making less money than prior to the injury, the defendant applied for and received TPD benefits from Auto Owners Insurance Company. The defendant then left Average Joe's and took a part-time job with Matrix Tool in Ramsey, Minnesota. The defendant continued to receive TPD benefits.

Once the defendant submitted is application for TPD benefits and the claim was approved, the defendant did not need to do anything else to receive the benefits. The benefits would continue until the defendant notified Auto Owners Insurance Company that he either was no longer injured or that he obtained employment that paid equal to or more than what he was making at the time of the original injury.

THE CRIME IN THIS CASE:

On December 17, 2012 the defendant took a part-time job with O'Reilly Auto Parts store. The defendant listed his living address as 10656 Verdin Street in the City of Coon Rapids, County of Anoka, State of Minnesota. The defendant continued to receive TPD benefits from Auto Owners Insurance Company because he was still making less money and working less hours than prior to his injury. The defendant continued to work part-time for O'Reilly Auto Parts until May of 2015 when he took a part-time job with NAPA Auto Parts store. The defendant continued to receive TPD benefits from Auto Owners Insurance Company while working at NAPA because he was still making less money and working less hours than prior to his injury. The defendant continued to work part-time at NAPA until March of 2016. The only

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information the defendant updated Auto Owners Insurance Company with was that he had the part-time jobs. Auto Owners Insurance Company conducted an investigation into the defendant's claim and learned that beginning on September 23, 2013 the defendant had obtained a full-time job with Federal Cartridge Company in Anoka, Minnesota. On his employment application the defendant still listed that he was living at 10656 Verdin Street in the City of Coon Rapids, County of Anoka, State of Minnesota. The defendant never disclosed this job to Auto Owners Insurance Company. Auto Owners Insurance Company obtained wage information on the defendant's new job at Federal Cartridge, and combined with his jobs at O'Reilly and NAPA, and determined that he was now making more than prior to his injury. Auto Owners Insurance Company then petitioned the Office of Administrative Hearings to terminate the defendant's TPD benefits, as it had calculated that the defendant had been overpaid $31,977.38 by not reporting his true work situation and thus was not entitled to TPD benefits during the period of September 2013 to March 2016 (from the day he started working at Federal Cartridge until the day he stopped working for NAPA). The Administrative Law Judge heard the case and ruled that the TPD benefits paid to the defendant during this time period were not paid in good faith due to the defendant's deception, and the Office of Administrative Hearings terminated the defendant's TPD benefits. Therefore, between September 2013 and March 2016 the defendant was employed both with Federal Cartridge on a full-time basis and also on a part-time basis, with first O'Reilly Auto Parts and then second with NAPA Auto Parts, at the same time. The defendant never disclosed to Auto Owners Insurance Company that he had the full-time job with Federal Cartridge, and he was over paid worker's compensation benefits in the amount of $31,977.38 during this time period.

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SIGNATURES AND APPROVALS

Complainant requests that Defendant, subject to bail or conditions of release, be: (1) arrested or that other lawful steps be taken to obtain Defendant's appearance in court or (2) detained, if already in custody, pending further proceedings and that said Defendant otherwise be dealt with according to law.

Complainant declares under penalty of perjury that everything stated in this document is true and correct. Minn. Stat. ? 358.116 Minn. R. Crim. P. 2.01, subds. 1, 2.

Complainant

Vuepao Thao special agent 85 7th Place East Suite 100 St. Paul, MN 55101 Badge: 115

Electronically Signed: 02/19/2019 10:07 AM Ramsey County, Minnesota

Being authorized to prosecute the offenses charged, I approve this complaint.

Prosecuting Attorney

Kurt C. Deile Assistant Anoka County Attorney 2100 3rd Ave Anoka, MN 55303-2265 (763) 324-5550

Electronically Signed: 02/19/2019 10:00 AM

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