David Lawrence Polk, 53, and Douglas Minoru Tateoka, 61, were entrusted to manage — and ultimately safeguard — the hardworking employees at a Salinas, Calif. paper manufacturing facility. At least outwardly, they appeared to be succeeding. Workers' compensation claims were minimal, and employees didn't seem to require much time off work. Then a slew of grievances involving abuse of the workers' compensation system started trickling in.
Now the former managers of the Smurfit-Stone Container Corporation's Salinas plant await sentencing after pleading guilty in Monterey County Superior Court on March 25, 2010 to denying the workers' compensation benefits to which their injured employees were entitled.
"Discouraging injured workers from seeking proper medical care is simply unacceptable," commented Calif. Insurance Commissioner Steve Poizner, in a press release regarding the case.
The demise of their respective careers began in October 2006, when two Smurfit-Stone Container Corporation employees contacted the Monterey County District Attorney's office. The workers claimed that Polk and Tateoka were dissuading them from opening workers' compensation claims for injuries they sustained at the Salinas plant.
The original complaints alleged that Polk and Tateoka drove injured workers to the "company doctor," who was actually a physician's assistant. From that point, Polk and Tateoka reportedly remained in the exam rooms so they could influence the diagnosis and treatment of injuries. Polk and Tateoka allegedly not only concealed workers' injuries but also tried to prevent leave from being medically prescribed and then deny time off to recuperate.
A joint investigation between the Department of Insurance and the Monterey County District Attorney's Office ultimately unveiled the former managers' seedy system. The investigation revealed that from 1999 through 2007, Polk and Tateoka managed the care of at least 25 injured workers outside the workers' compensation system and discouraged injured workers from filing claims and receiving entitled benefits. One employee was purportedly given a prescription written in Polk's name with the "understanding" that the medication could be given to other employees at Polk's discretion and without seeking medical consultation.
More abhorrent tales of Polk and Tateoka's disregard for their workers' well-being were relayed. Some alleged that the duo required injured workers to be present at the plant and watch training videos, answer phones, or even remain in their vehicles in the parking lot so that no lost-time incident would be reported. A small number of workers' compensation claims were ultimately opened when the injury persisted or the employee insisted on having a claim opened as they were not getting sufficient medical treatment.
Authorities arrested Polk and Tateoka on October 31, 2007. They face sentencing on May 20, 2010.
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