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People v. Gant10/20/2005
A jury found Tamara Vernell Gant guilty of making fraudulent statements in connection with a workers' compensation claim. On appeal, Gant contends there is insufficient evidence she had the specific intent to obtain workers' compensation benefits when she first sought medical attention. She also argues the court abused its discretion in imposing unreasonable probation conditions, which subject her to warrantless searches and mandatory training or employment. We find only the latter argument has merit and, accordingly, modify that portion of the judgment. All other aspects of the judgment are affirmed.
FACTS
Gant was a sales associate at Macy's when a rack of clothing collapsed near the register where she was standing. Gant estimated there was 100 pounds of clothing on the rack. Although the exact distance between Gant and the rack was in dispute (with estimates ranging from two to three feet), Gant's supervisor, Courtney Johnson, and two of Gant's fellow associates, Dee Granados and Sally Navaro, all witnessed the accident and testified the rack did not hit Gant. Johnson, however, conceded the rack came within inches of hitting Gant so "it might have skimmed her."
When asked if she was okay, Johnson could not remember whether Gant replied, "`At least it didn't hit me on the head[,]'" or "`At least it didn't hit me[.]'" Granados recalled Gant saying, "`I'm so glad, it only missed me by an inch.'" Jeanette Colthirst, another sales associate, recalled Gant saying, "`Thank God it didn't hit me.'" Gant reported her alleged injury a couple hours later to another manager, but continued to work until 6:00 p.m. when her shift ended and then drove home. Later that day, Johnson received a call from security asking why she had not filled out an accident report. Johnson replied a report was not needed "because no one was hurt."
The next day, Gant called Johnson and said she would not be able to come to work because her feet had swelled and she needed a doctor. In her deposition, Gant stated she was "sent" by Macy's to a health clinic that day and was seen by Ross Morales, a physician's assistant authorized to provide patient evaluations. When asked for the reason behind her visit to the clinic, Gant told Morales a clothing bar fell at work and struck her back and legs. Morales observed no abrasions, swelling, masses, or other signs of trauma to Gant's lower extremities, and Gant refused an examination of her back. Morales diagnosed Gant with sacral and lower extremity contusions based solely on her complaints of pain in those areas. At some point, Gant returned to work and performed limited floor duties.
About 10 months after the accident, Gant saw Dr. Theodore Tanzer, a qualified medical examiner referred by Macy's attorney. Tanzer conducted two MRIs on Gant, which he found normal. In examining Gant, Tanzer observed a disproportionate verbalization of pain in response to the stimulus provided and concluded there was no evidence of an industrial injury at Macy's. Both Tanzer and Morales noted Gant had a pre-existing back condition for which she received social security disability benefits since 1992.
Gant's workers' compensation claim was filed on September 4, 2001, about two weeks after she had seen Morales. Macy's originally honored the claim based on Gant's assertion that the bar hit her. Mark Taiyoshi, a senior claims examiner, testified Macy's paid $2,651.10 in temporary disability benefits and $9,364.45 in medical expenses. Macy's subsequently denied the claim and ceased payments upon receiving documentation that the bar did not hit Gant.
An information charged Gant with filing a fraudulent insurance claim (Pen. Code, ยง 55
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