Zalma on Insurance
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Insurance Claims professional presents articles and videos on insurance, insurance Claims and insurance law for insurance Claims adjusters, insurance professionals and insurance lawyers who wish to improve their skills and knowledge. Presented by an internationally recognized expert and author.
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July 14, 2022
Guilty of Using Stolen Prescription Pad to Obtain Oxycodone

Drug Dealer Chiropractor Not Allowed into Pretrial Intervention Program

Read the full article at https://lnkd.in/gu2igmKA and see the full video at https://lnkd.in/gieZ_syz and at https://lnkd.in/gSXWSeSE and at https://zalma.com/blog plus more than 4250 posts.
Posted on July 14, 2022 by Barry Zalma

See the full video at https://rumble.com/v1c0dxh-guilty-of-using-stolen-prescription-pad-to-obtain-oxycodone.html?mref=6zof&mrefc=2 and at

The New Jersey Pretrial Intervention Program (PTI) “is a diversionary program through which certain offenders are able to avoid criminal prosecution by receiving early rehabilitative services expected to deter future criminal behavior.” State v. Oguta, 468 N.J.Super. 100, 107 (App. Div. 2021) (quoting State v. Nwobu, 139 N.J. 236, 240 (1995)). Jason Mittleman appealed from an order denying his motion to compel his admission into the PTI program.

In State Of New Jersey v. Jason Mittleman, No. A-0925-20, Superior Court of New Jersey, Appellate Division (June 22, 2022) the Chiropractor appealed the refusal to allow him in the PTI program.
FACTS

Mittleman is a chiropractor. In 2017, he was working at the Denville Medical and Sports Rehabilitation Center where he stole another doctor’s prescription pad. Over the next twenty-two months, Mittleman submitted false prescriptions to obtain thousands of oxycodone pills.

Mittleman’s theft and fraud came to light in 2019. During the ensuing police investigation, Mittleman admitted he stole the prescription pad, fraudulently filled out numerous prescriptions, and used those prescriptions to obtain oxycodone.

Mittleman was indicted for third-degree obtaining oxycodone by fraud; third-degree insurance fraud; third-degree receiving stolen property; and fourth-degree tampering with or fabricating physical evidence.
The PTI Program

Mittleman applied for admission into the PTI program. The Morris County Prosecutor’s Office rejected his application and set forth the reasons for that decision. An assistant prosecutor reviewed the seventeen factors set forth in the PTI statute and found ten aggravating factors, considered several mitigating factors, but determined that Mittleman was not a suitable candidate for the PTI program.

A Law Division judge heard arguments on Mittleman’s motion motion, denied the motion, and set forth the reason for that decision on the record. That same day, the Law Division judge entered an order denying Mittleman’s motion to compel his entry into the PTI program.
Guilty Plea

The following month, Mittleman pled guilty to third-degree insurance fraud. In accordance with the plea agreement, Mittleman was sentenced to one year probation with a condition that he surrender his chiropractic license during the probationary period. The other charges against Mittleman were dismissed.

Mittleman appealed from the order denying his motion to compel his entry into the PTI program. Mittleman’s arguments were rejected because they were not supported by the record.
DISCUSSION

Prosecutors are granted broad discretion to determine if any defendant, including Mittleman, should be diverted to PTI instead of being prosecuted. The scope of judicial review is severely limited by the statute.

To overturn a prosecutor’s rejection, a defendant must clearly and convincingly establish that the prosecutor’s decision constitutes a patent and gross abuse of discretion. A patent and gross abuse of discretion is a decision that has gone so wide of the mark sought to be accomplished by PTI that fundamental fairness and justice requires judicial intervention.

There is nothing in the record establishing that Mittleman had a lawful prescription for oxycodone. The material fact, which was undisputed, was that Mittleman fraudulently obtained oxycodone.

The prosecutor also considered Mittleman’s use of the oxycodone. In that regard, the prosecutor noted that Mittleman claimed he had ceased using oxycodone voluntarily and, therefore, the State noted that there was no clear demonstration of an addiction that could be better treated through rehabilitative programs like PTI.

There is nothing in the record indicating that the State incorrectly believed that Mittleman provided oxycodone pills to his girlfriend. Instead, the prosecutor in his rejection letter noted that Mittleman admitted to using his former girlfriend’s name on forged prescriptions so that he could obtain more prescriptions for himself. The prosecutor also pointed out that Mittleman admitted that sometimes he distributed the oxycodone pills to other individuals.

Records recovered during the criminal investigation showed that Mittleman received fraudulent prescriptions of oxycodone from April 2017 until February 2019. During that same period, he was treating patients. Accordingly, it is not pure speculation that Mittleman’s unprescribed use of oxycodone could have placed his patients at risk.

The appellate court rejected Mittleman’s arguments concerning factual errors by the prosecutor because those arguments were not supported by the record and affirmed the trial court’s decision.
ZALMA OPINION

For a health care provider to steal a prescription pad and obtain for his personal use and distribution to others oxycodone illegally to seek admission to the PTI program would have allowed him to avoid his admitted criminal conduct. That he appealed the denial after being allowed to plead guilty to only one count and be sentenced only to probation was unconscionable. He should have been sentenced to prison for such egregious conduct and abuse of his profession.
Just published
Random Thoughts on Insurance Volume XIV: A Collection of Blog Posts from Zalma on Insurance —

(c) 2022 Barry Zalma & ClaimSchool, Inc.

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. He is available at

http://www.zalma.com and [email protected].

Subscribe and receive videos limited to subscribers of Excellence in Claims Handling at locals.com https://zalmaoninsurance.locals.com/subscribe.

Subscribe to Excellence in Claims Handling at https://barryzalma.substack.com/welcome.

Write to Mr. Zalma at [email protected]; http://www.zalma.com

; http://zalma.com/blog; daily articles are published at https://zalma.substack.com.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/

00:08:18
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Not Nice to Shop the Federal Court to Avoid State Court

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Read the full article at https://lnkd.in/gWj97cFs, see the video at https://lnkd.in/gtS6CpUX and at https://lnkd.in/gQEAeyHc,

Conflict Between State & Federal Court Requires Abstention

See the video at https://lnkd.in/gtS6CpUX and at https://lnkd.in/gQEAeyHc,

Conflict Between State & Federal Court Requires Abstention

Hector David Campoverde was injured at a Brooklyn construction site in 2015. Campoverde was an employee of Vazquez Bro Restoration Inc., a subcontractor for C.C.C. Renovation Inc., which was itself a subcontractor for general contractor L&M Builders Group LLC. In Starr Indemnity & Liability Company v. Scottsdale Insurance Company, No. 24-CV-3309 (PKC) (TAM), United States District Court, E.D. New York (September 30, 2025) was asked to determine whether one or more of the involved insurers is obligated to indemnify Campoverde, and in what order Camporverde can receive indemnity, from one or more insurer.

Underlying Incident:

Campoverde sued the ...

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November 04, 2025
One Year Suit Limitation Defeats Suit Filed Two Years After Denial of Claim

National Flood Policy Bars Late Filed Suit

Post 5221

Read the full article at https://www.linkedin.com/pulse/one-year-suit-limitation-defeats-filed-two-years-zalma-esq-cfe-olr0c, see the video at and at and at https://zalma.com/blog plus more than 5200 posts.

No Excuse for Late Flood Suit After Claim Denial

In Domenico D’ambrosio, Michele D’ambrosio v. American Bankers Insurance Company Of Florida, No. 2:25-cv-155-KCD-NPM, United States District Court, M.D. Florida, Fort Myers Division (October 7, 2025) this is an insurance dispute stemming from Hurricane Ian. Plaintiffs Domenico and Michelle D’Ambrosio submitted a flood claim that Defendant American Bankers Insurance Company of Florida will not pay. To recover the funds allegedly owed, Plaintiffs sued for breach of contract.

Defendant’s moved to dismiss under Fed.R.Civ.P. 12(b)(6). Defendant presses one ...

00:05:49
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November 04, 2025
Zalma’s Insurance Fraud Letter – November 1, 2025

ZIFL – Volume 29, Issue 21

THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL

Post 5220

Read the full article at https://lnkd.in/gRMJpi4s, see the video at https://lnkd.in/gwGSd6ZA & at https://lnkd.in/gbDiuFJy, and at https://zalma.com/blog plus more than 5200 posts.

See the video at & at https://rumble.com/v711hr0-zalmas-insurance-fraud-letter-november-1-2025.html

See the full 18 page issue of ZIFL at ZIFL-11-01-2025

Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/

Conviction for Health Insurance Fraud Upheld

Physician Conspired with Bonavilla to Effect Health Insurance Fraud

Dennis Davin Bonavilla was involved in an insurance fraud scheme as an executive of Free Choice Healthcare. The scheme targeted indigent patients, often on ...

00:10:22
October 31, 2025
The Zalma Philosophy of Claims Handling – Part 9

The Professional Claims Handler
Post 5219

Posted on October 31, 2025 by Barry Zalma

An Insurance claims professionals should be a person who:

Can read and understand the insurance policies issued by the insurer.
Understands the promises made by the policy.
Understand their obligation, as an insurer’s claims staff, to fulfill the promises made.
Are competent investigators.
Have empathy and recognize the difference between empathy and sympathy.
Understand medicine relating to traumatic injuries and are sufficiently versed in tort law to deal with lawyers as equals.
Understand how to repair damage to real and personal property and the value of the repairs or the property.
Understand how to negotiate a fair and reasonable settlement with the insured that is fair and reasonable to both the insured and the insurer.

How to Create Claims Professionals

To avoid fraudulent claims, claims of breach of contract, bad faith, punitive damages, unresolved losses, and to make a profit, insurers ...

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October 20, 2025
The Zalma Philosophy of Claims Handling – Part I

The History Behind the Creation of a Claims Handling Expert

The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210

This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster

When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.

I was initially sat at a desk reading a text-book on insurance ...

post photo preview
October 20, 2025
The Zalma Philosophy of Claims Handling – Part I

The History Behind the Creation of a Claims Handling Expert

The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail

Post 5210

This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.

My Training to be an Insurance Claims Adjuster

When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.

I was initially sat at a desk reading a text-book on insurance ...

post photo preview
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