First Prosecution Under New York State’s New Workers’ Compensation Law

NEW YORK, NY (Au - Attorney General Andrew M. Cuomo announced the arrest of the CEO of a Bronx nursing home who illegally failed to secure workers’ compensation insurance for hundreds of employees.  Today’s arrest is the first in New York State under a new workers’ compensation law, which makes it a felony for employers to fail to have this insurance for their workers.

Helen Sieger, 55, President and CEO of the Kingsbridge Heights Care Center, was arrested for failing to have workers’ compensation coverage for over one year, from May 31, 2007 to June 26, 2008.  The Kingsbridge Heights Care Center employs over 400 hundred orderlies, healthcare providers, nutrition and clerical staff, and other workers.  The nursing home serves over 300 residents.

“Today’s arrest should send a strong message: Employers who think they can wait until they get caught before getting workers’ compensation insurance are in for a rude awakening. 

Any employer trying to cheat workers and the State by failing to have workers’ compensation insurance will be held accountable by my office,” said Attorney General Cuomo.  “Providing protection for workers injured on the job is the law, and we all share the cost when employers ignore taking care of their employees.” 

This is the first arrest made under New York’s new workers’ compensation law, which became effective on April 12, 2007.  Under the new law, any employer of more than 5 people who fails to cover their employees through this insurance is committing a class “E” felony, punishable by up to four years in prison.  Under the previous law, the crime was a misdemeanor. 

When employees are injured on the job, but their employer does not have workers’ compensation, the New York State Workers’ Compensation Board covers their claim by using funds collected from all employers with workers’ compensation coverage. 

This then drives up the costs of the entire system.  In the period during which Sieger’s business was not covered, six employees claimed injuries that went to the Workers’ Compensation Board. 

On June 19, 2008, the New York State Workers’ Compensation Board issued a “stop work” order to take effect on June 30, 2008, due to Sieger’s failure to obtain workers’ compensation insurance. 

The “stop work” order would have involved the immediate closing of the nursing home and emergency removal of the patients.  After being threatened with these actions, Sieger obtained workers’ compensation coverage on June 27, 2008. 

Like other types of insurance, however, workers’ compensation is not retroactive, and Sieger is accused of violating the law by neglecting to have this insurance. 

New York State Workers’ Compensation Board Chair Zachary Weiss said, “When Kingsbridge Heights Rehabilitation Center failed to cover its employees for Workers Compensation benefits, it put their physical and fiscal health at risk.  This charge serves as an example of the importance New York State places on employee protection and Workers’ Compensation.” 

This is the latest in a series of actions by Attorney General Cuomo to protect workers.  Last week, Cuomo secured the arrest and arraignment of two contractors who kept more than $500,000 in wages from 84 construction workers for work performed on public construction projects throughout New York City.  Earlier this year Cuomo recovered over $1,000,000 for hundreds of Bronx construction workers who were shortchanged out of overtime pay.This case is being prosecuted by Assistant Attorney General Rachel Gold, and Investigators Brian Ford and Robin Womack, under the supervision of Deputy Attorney General for Social Justice James Rogers, in conjunction with Workers Compensation Board Investigator Jonathan Tisk. 

The charges against the defendants are merely accusations and the defendants are presumed innocent until and unless proven guilty.

 

Councilman Stewart Reacts To Mayor’s School Crime Report

“We Have Failed Our Kids. So We Take The Path Of Least Resistance: We Throw Police At The Problem,” Says Councilman Stewart

BROOKLYN, New York (August 6, 2008): Saying that he welcomed the NYPD’s report that the City’s public schools experienced a significant drop in crime, Brooklyn City Councilman Dr. Kendall B. Stewart, a candidate for the 21st Senate District in the 2008 Democratic Primary elections, said that even with that reduction “it was still not enough.” The report stated that in 2007 school crime declined from 1,166 in 2006 to 1,042 with some schools experiencing an 88% drop. Mayor Michael Bloomberg touted the report and the heavy police presence in public schools. Councilman Stewart disagrees.

“I welcome the downward trend in school crime. But I am still very concerned that New York’s public schools are becoming “occupied zones” with too heavy a police presence. This presence suggests that schools are now combat zones where criminals run amok and this heavy-handed law enforcement is necessary.

What this tells me is that we have failed our children and that we have resorted to the path of resistance by simply throwing cops at the problem of school crime,” Councilman Stewart said.Councilman Stewart said that while there was some merit for police presence at some schools the problem was that cops routinely use criminal apprehension and enforcement methods when other less aggressive methods might have worked. He said that this causes resentment between cops and student that undermines the learning environment. Councilman Stewart said that when police treat minor events and misunderstandings as a criminal, or potential criminal act, the philosophical premise upon which the school rests is undermined and corrupted.

“Law enforcement and a congenial learning environment do not go hand in hand. One is based on the freedom to think, question and inquire and the other is to comply with the looming threat of physical force and then complain.

When school safety agents handcuff a 5-year old student during a temper tantrum in kindergarten class and arrest a student for writing on her desk this is the kind of unnecessary intervention and over-kill by law enforcement that helps to create a tense learning environment in our schools. It is very difficult to study with cops hovering around with handcuffs and guns,” Councilman Stewart said.

 

Cambria Heights Plans Night Out Against Crime at Cabbell Park

The 105th Precinct took part in the National Night Out Against Crime at Cabbell Park in Cambria Heights on Tuesday, August 5th with free food, a raffle for a bicycle, games and blow up rides for the kids and informational tables.

The National Night Out is designed to heighten crime and drug prevention awareness, generate support for and participation in local anticrime programs, strengthen neighborhood spirit and police-community partnerships as well as sending a message to criminals letting them know that neighbohoods are organized and fighting back.

Inspec tor and Commanding Officer (CO) of the 105th Precinct Paul Pierkarski presented Lt. Joseph Cancelino with the Police Officer of the Year Award for having saved many lives over the years of his police work.