The Dishonest Chiropractor/Physician
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Posted on February 3, 2022 by Barry Zalma
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A dishonest physician or chiropractor will, for a fee, prepare fictitious medical reports, including billings for multiple series of physical therapy treatments. Sometimes the report of a legitimate accident victim is modified only in the name, address, and physical attributes of the victim. In all other respects, the reports are legitimate. They are not a report of the victim’s actual injuries since the victim either did not exist or was not injured. Medical bills generated by such fiction total between $1200 and $3500. The numbers are kept small to avoid suspicion and tempt insurers into making a quick settlement.
When I was a young adjuster I dealt with these scofflaws and paid fraudulent claims because I, like most young adjusters, was unaware of the amount of fraud being perpetrated. Within a year I learned and refused to pay the suspected frauds and advised them that the insurer I worked for would pay nothing and they should file suit. I was convinced it was a fraud when the suit was never filed.
Because of the ease of use a single clerk typist with a word processor can prepare two hundred medical reports a day with the doctors’ laser printer even generating his signature from a scanned image. The doctor, not involved in the procedure, receives $100 to $500 per report. The doctor is quite happy with his earnings since he need not see a patient nor provide treatment.
This type of fraud operation can present hundreds of claims a month on individuals who were not injured or never injured. The claims can generate millions of dollars a year in net profits for the lawyers, physicians and recruiters involved in the crime. By applying the maxims set forth in the last chapter these insurance criminals discovered that the person claimed injured, (that is the lawyer’s alleged client) will almost never be seen by an adjuster, investigator or independent medical examiner.
The criminals know that as long as they keep the claims small no lawyer will be called upon to take testimony from the person identified as injured. The criminals know that no one will go to the medical clinic to learn whether they really provided the treatment claimed. Since the insurance criminals keep their medical treatment down to minimal level and the demands of the lawyer are always reasonable, the claims settle quickly. The adjuster’s supervisors commend the adjuster for closing files. The adjuster is rewarded for keeping expense costs down. The insurer saved the cost of a lawyer. The fraud was a success.
Occasionally, we read reports about the police or the fraud bureaus making arrests of a massive fraud ring. The arrests just touch the cream at the top of the glass of milk. The rest remains. It is greed that causes the criminal’s demands to become sufficiently high to cause the insurer to investigate the claim.
Insurers must realize that savings of expense dollars can, and almost always will, cost them more in indemnity dollars.
New data base systems allow insurers to obtain records concerning all claims supported by the crooked chiropractor, lawyer or physician. If volume is too high the information provided to an insurer from the All Claims Database, CLUE, or other databases will raise suspicions of fraud sufficient to compel a thorough fraud investigation.
© 2022 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders.
He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business.
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Happy Law Day
ZIFL – Volume 30, Issue 9 – May 1, 2026
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THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
ZIFL – Volume 30, Issue 9 – May 1, 2026
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year and is written by Barry Zalma.
DOJ Creates National Fraud Enforcement Division
Will the Feds Take on Insurance Fraud? Possibly as Part of a National Anti-Fraud Effort
On April 7, 2026, the Acting Attorney General, Todd Blanche, issued a memorandum establishing the Department of Justice National Fraud Enforcement Division (NFED). The memo describes an ambitious, but perhaps redundant, vision for this ...
When Abalone Died As a Result of Multiple Causes The Efficient Proximate Cause Requires Payment
Post number 5345
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In American Abalone Farms, LLC v. Star Insurance Company et al., H052643, California Court of Appeals, Sixth District (April 27, 2026) the Court of Appeals dealt with an insurance coverage issue that required application of the efficient proximate cause doctrine.
FACTS
American Abalone Farms, LLC ("American Abalone" ) operates an aquaculture farm in Santa Cruz County, California, raising abalone in tanks. In August 2020, the CZU Lightning Complex Fires led to a prolonged power outage and road closures near the farm. As a result, the farm’s water pumps failed, causing the death of most of the ...
Breach of a Specific Condition Precedent Is a Complete Defense
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In United Services Automobile Association and State Farm Mutual Automobile Insurance Company v. Anthony Wenzell, 2026 CO 25 (Colo. Apr. 27, 2026) Anthony Wenzell was rear-ended in a car accident. He had a significant prior 2014 accident that required back surgery.
Wenzell claimed underinsured-motorist (UIM) benefits under three policies: (1) the tortfeasor’s liability policy, (2) his own primary UIM policy with State Farm, and (3) an excess UIM policy issued by USAA (under his brother’s policy, which contained an “other insurance” clause making USAA’s coverage excess over any collectible insurance).
After receiving the claims, both USAA and State Farm repeatedly requested that Wenzell execute comprehensive medical-release authorizations so they could obtain his full medical records and ...
It is Fraud to Make the Same Claim Twice
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Chutzpah: After Being Paid for a New Roof Insured Makes Second Claim For Same Damages
Post number 5347
No One is Entitled to be Paid for the Same Loss Twice
In Mohammed Ali Khalili v. State Farm Lloyds, No. 14-25-00611-CV, Court of Appeals of Texas (April 30, 2026) Khalili maintained a State Farm Lloyds homeowners insurance policy for decades. In 2008 he filed a roof-damage claim; State Farm paid him to replace the entire roof (shingles and gutters). Khalili never replaced the roof and repeated his claim.
BACKGROUND
In 2021 he filed a second roof claim. State Farm’s inspectors found the roof “very old” with extensive non-storm-related damage. The claim was denied because (1) the damage did not exceed the deductible and (2) State Farm had already paid for a full roof replacement.
PROCEDURAL HISTORY
State Farm filed motion for summary...
It is Fraud to Make the Same Claim Twice
Read the full article at https://www.linkedin.com/pulse/fraud-make-same-claim-twice-barry-zalma-esq-cfe-c4g8c and at https://zalma.com/blog.
Chutzpah: After Being Paid for a New Roof Insured Makes Second Claim For Same Damages
Post number 5347
No One is Entitled to be Paid for the Same Loss Twice
In Mohammed Ali Khalili v. State Farm Lloyds, No. 14-25-00611-CV, Court of Appeals of Texas (April 30, 2026) Khalili maintained a State Farm Lloyds homeowners insurance policy for decades. In 2008 he filed a roof-damage claim; State Farm paid him to replace the entire roof (shingles and gutters). Khalili never replaced the roof and repeated his claim.
BACKGROUND
In 2021 he filed a second roof claim. State Farm’s inspectors found the roof “very old” with extensive non-storm-related damage. The claim was denied because (1) the damage did not exceed the deductible and (2) State Farm had already paid for a full roof replacement.
PROCEDURAL HISTORY
State Farm filed motion for summary...
What Must be Done after Notice of a Claim is Received by the Insurer
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A first party property policy does not insure property: it insures a person, partnership, corporation or other entity against the risk of loss of the property. Before an insured can make a claim for indemnity under a policy of first party property insurance the insured must prove that there was damage to property the risk of loss of which was insured by the policy. The obligation imposed on the insured ...