By Daniella Segura
Merced Sun-Star (Merced, Calif.)
WESTMINSTER, Calif. — A California police officer accused of running 5Ks and skiing while out on paid disability leave has been charged, prosecutors say.
The former Westminster police officer, Nicole Brown, 39, of Riverside, was charged with 15 felonies stemming from the alleged workers’ compensation fraud that totaled more than $600,000 in stolen benefits, the Orange County District Attorney’s Office said in a May 20 news release.
Her stepfather, Peter Gregory Schuman, 57, of Buena Park, was also charged with two felonies and accused of “conspiring with his stepdaughter to orchestrate the fraudulent workers’ compensation scheme,” prosecutors said.
Brown’s attorney, Brian Gurwitz, denied the charges in a May 20 email to McClatchy News, saying she’s not guilty of “what the prosecution has alleged.”
“She was seriously injured on duty and intends to fight these allegations,” Gurwitz said.
Attorney information for Schuman was not immediately available.
Work injury
While Brown was working as an officer with Westminster Police on March 21, 2022, “she suffered a minor abrasion to her forehead” as she tried to arrest a suspect, prosecutors said.
Brown told her watch commander her injury left her with a headache and dizziness, according to prosecutors.
When she was examined by an emergency room doctor that day, they “released her back to work without restrictions,” prosecutors said.
She called “out sick for several days,” then March 30, 2022, she “was diagnosed with severe concussion syndrome,” prosecutors said.
The doctor who issued the diagnosis took her off work, and Brown was placed on Total Temporary Disability, according to prosecutors.
Total Temporary Disability benefits
Officers who cannot work after being injured on the job are entitled to “Total Temporary Disability benefits under the workers’ compensation system,” prosecutors said.
Should an officer be put on temporary disability as a result of a work injury, “the officer will receive their full salary, not just a percentage, for up to one year,” prosecutors said.
During that first year, the officer’s pay is covered “by the city, county, or state agency that employs the officer,” prosecutors said.
If the leave is extended longer than a year, benefit receivers get two-thirds their average weekly wage under regular workers’ compensation TTD benefits, prosecutors said.
Such benefits can last up to 104 weeks, according to prosecutors.
Brown received more than $600,000 in Total Temporary Disability benefits from the city of Westminster, “which included Brown’s full salary – tax-free – and her medical expenses,” according to prosecutors.
While she was out on leave, Brown consistently complained of “headaches, dizziness, sensitivity to light and noise, problems processing thoughts and words, and an inability to work on the computer or do any screentime,” prosecutors said.
Officer seen at music festival
More than a year after her injury, Brown was seen by several people attending the Stagecoach Music Festival on April 29, 2023, prosecutors said.
At the time, “she was off work on total disability as she was dancing and drinking” at the festival, which had more than 75,000 attendees “with loud music and bright lights everywhere and temperatures in excess of 100 degrees,” according to prosecutors.
Three days later, Brown attended a virtual meeting over Zoom to discuss the potential “duties she could perform as a police officer,” prosecutors said.
Her stepfather “attended the meeting and advocated for Brown,” prosecutors said.
In the meeting, Brown said she could not “look at the screen” as she sat in a dark room, prosecutors said.
Schuman spoke on her behalf throughout the entirety of the meeting, stating “she was unable to do paperwork, and was uncertain that she could do phone calls due to her inability to process words or thoughts,” according to prosecutors.
Following the meeting, “Brown was admitted to an in-patient center for individuals who have a traumatic brain injury,” prosecutors said.
Workers’ compensation fraud investigation
The district attorney’s office “launched an investigation into potential workers’ compensation fraud” in Brown’s case after the Westminster Police Department got a report she attended the music festival, according to prosecutors
Prosecutors said they learned Brown attended an American Youth Soccer Organization (AYSO) soccer conference in San Diego, “three days after the injury” when she was out on sick time, prosecutors said.
During the conference, prosecutors said “she attended multiple sessions where PowerPoint presentations were utilized.”
Then, while she was out on disability, Brown engaged in multiple athletic activities, including running two 5K races, “snowboarding and/or skiing in Big Bear and Mammoth” and playing golf, prosecutors said.
She also attended three AYSO soccer conferences, went to baseball games and took a trip to Disneyland , prosecutors said.
Prosecutors said they also learned Brown “took online courses with a local university.”
Former officer charged
Following the investigation, Brown was charged with “nine felony counts of making a fraudulent statement to obtain compensation, six felony counts of making a fraudulent insurance benefit claim, and one felony enhancement of committing an aggravated white collar crime over $100,000,” according to prosecutors.
Schuman, a licensed attorney practicing workers’ compensation law, was charged “with one felony count of making a fraudulent insurance benefit claim and one felony count of assisting, abetting, conspiring with and soliciting a person in unlawful act,” prosecutors said.
If convicted as charged, Brown faces up to 22 years in prison, while her stepfather faces a maximum sentence of eight years in prison, according to prosecutors.
Should Brown be convicted of a felony, she “will forfeit any pension credits she accrued back to the date the felony was committed,” prosecutors said.
Westminster is about a 30-mile drive southeast from Los Angeles.
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