AUGUSTA, Maine — A state Transportation Department worker has been convicted of stealing thousands of dollars worth of workers’ compensation benefits by doing strenuous activities at his home when he was supposedly too hurt to work.

Clinton Ashby III of Pembroke was found guilty on Tuesday in Kennebec County Superior Court of theft by deception. Prosecutors say he collected about $15,000 worth of benefits last year.

Prosecutors say he was video recorded swinging a sledgehammer, using a crowbar and running heavy equipment at a home construction project while claiming to be too disabled to work at his job as a bridge maintenance engineer for the state.

Sentencing is scheduled for next week.

Ashby’s lawyer told the Kennebec Journal that the verdict was disappointing.

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64 Comments

  1. This man is not typical of state employees, and most likely  he would have ripped off whoever his employer was if he thought he could get away with it. He got caught and has to deal with the consequences. I am just concerned that good hardworking people who happen to be employed by the state will be tarred with the same brush.

        1.  Wish I could “Like” this a thousand times!!! DOT workers have always had to deal with negative and derogatory remarks even though they are the ones out working ALL night to keep the roads passable for the rest of us who are snug in our beds sleeping. Do they get to go home when daylight comes and it stops snowing? NO!!!! Not if it’s a regular workday. They have to keep on going until the workday ends, provided it doesn’t start snowing again.  Doesn’t matter if it’s Christmas, your kid’s birthday, or if you have tickets to a show. Unless it’s a night you have requested off, well in advance, your butt will be out there working.  And last I knew starting pay was quite a bit LESS than I get paid to sit my butt in a chair answering the phone and typing at a doctor’s office. So how about we cut them some slack.  This article is about ONE bad apple, not the entire crew!!!

          1. Based on your name, I would have to assume you are related to this man. I understand that criticisms of a family member are hard to take and we don’t know the entire story.  The story that we do know is that he was tried and convicted of fraud. We don’t know all the details. But those facts we do know will drive the responses to this story.

  2. State workers don’t have any monopoly on workmans comp fraud, there is plenty to go around in every sector.  But it does make you wonder how bright anybody is trying this scam now that everybody has a video recorder on their phone today.  If there was some type of bounty for people to catch the cheaters, I bet a whole new industry would open up in the state.

    1. Why should state employees go without benefits when private employers provide at least some benefits? This man commited fraud and that would likely have happened whether he worked in the private sector rather than the public sector because some people are fundamentally dishonest at their core. Why punish all state workers, many of whom work harder than you can imagine, because of an individual’s actions?  And if you knew the history of Labor in this country, you would know that working conditions used to be terrible in this country, at least as bad as in third world countries, until there were Unions to look after the interests of the workers. Your response to this individual is like trying to kill an ant with an elephant gun, it is that much of an overreaction.

      1. Thank you, but people have nothing better to do but pass judgement on someone who they do not even know, he is an excellent husband, Father, brother, son and friend….but of course they do not mention that in there posts

      2. Sad day when someone who is doing what he has to at home is accused of fraud. Sadder still to get convicted. Sorry Cheryl. Hope things go easy for him.

    2. Believe it or not but all business’ in Maine have to have workmans comp.  Benefits or not the employee would still be covered by workmans comp so it would not matter in this case.

      1. The employer’s comp insurance premiums go way up with each incident, just like car or homeowner’s ins. do (in the private sector, anyway).

    1. Hate to tell you but the day you get hurt and can’t work and get caught taking your trash out, bringing wood into your house, shoveling a driveway cause  you have an appointment just remember you could be next so lets not judge unless we are willing to  be judged ourselves

      1. Anyone disabled enough not to work who is not inclined to defraud the system is unlikely to perform activities that would further injure them.  “lets not judge……………” seriously? I’d love to see anyone committing fraud punished and their names published.

  3. This article is poorly written. Mr. Ashby had two neck surgery’s , on his vertebrae. This was not in the paper at all . Whatever happened to unbiased reporting?   He was a hardworking individual who worked for the state for 24years. They had 36min of him doing something out of 40hours of surveillance. Mr Ashby had the second surgery and tried to go back to work and they had told him not too because of this video. If his lawyer had put witnesses on the stand I don’t believe Mr. Ashby would have ever gotten a conviction. All I am saying is don’t judge unless you know the whole story and you won’t get it from the Bangor Barely News

      1.  You don’t swing with your neck but, the impact on your spine is tremendous. If you have ever had back or neck problems you would know this.

    1. Ask OUI lawyers about videos. It’s not a good outcome for their clients. They must have suspected something of this man or they wouldn’t have been there in the first place. Then you stated he tried to go back to work “after” they caught him. A little late for that.

    2. It doesn’t really matter if he had 20 surgeries.  If he can do the activities he was caught on tape doing, then he certainly doesn’t need my tax dollars to support him!  And if you have worded it correctly, it sounds like it was AFTER he was caught that he tried to return to work?  A bit too late, don’t you think?

        1. “Mr Ashby had the second surgery and tried to go back to work and they had told him not too because of this video.”  Doesn’t sound like she was saying that at all. 

          1. he had the second surgery in Jan 2012, he had to wait because he had to get his personal health insurce to pay, The videos were in July of 2011…so ya he did try to go to work after his second surgery, the doctor took the artifical disc out that was compressed on his nerves, so after the second surgery( fusion) he was on the road to recovery and with in 3 -3 1/2 months he was ready to return to work

      1. legal woman you have nothing to say cause besides a desk job you have  had to do nothing where you may  get you hurt on the job  the bible says he who judges will be judged please remember this that you typed here  when it does

        1. Is that so? Well, I hate to inform you that you are quite wrong. Do you hypocrite much? Telling me not to judge? Ummm, what did you just do there? lol

    3. I total agree on  everything you have said ,our son worked for State for 28 yrs all together, and take 36 minutes of a persons life to ruin them when people DID NOT HEAR ALL OF  of what went on and also anyone can do most anything (when taking the pain killers,etc he was on)  and not hurt,but yet they aren’t hurting..  I am sorry our Son got a RAW deal, don’t care what people write on here,as the WHOLE story was NOT told..Funracer you have a heart ,never judge a person not inless you know the whole story..God bless you..Clinton’s mom

    1. I would not say getting something  for nothing  you are talking about a man that put 28 years in  because  he  made 36 minutes of bad decisions in 40 hours of taping does not consider anyone a criminal  as a man  you should know no matter how  bad you are hurting there are things that have to be done i guess the state would like to have had him on medications and driving one of their vechiles and  hurting someone

      1. There is no excuse for him to perform tasks that he was told he could not go to work and do. If you are so inclined, feel free to send him money, I’m waiting to see his sentence and hoping it’s significant.

      1. What he did here Tammy dear was to cross the line and commit fraud. He stole tax payer and employer money and that hurts other people. I will not shut my mouth. I’m glad he was caught and I hope his punishment is substantial enough to send a message to others to deter them from defrauding as well.

  4. I understand why the family is on here defending him and there is always more to the story then what is published in the papers.  There is always more on BOTH sides of the story. 

    Something made the investigators look at him.  He obviously did something that brought on this scrutiny. People are sick of free-loaders so there will be criticism if it appears like that is what is going on. 

  5. I know people who are considered disabled and
    can at times do some manual work. Maybe just
    for a short period but could not sustain it after
    that short period. Some people can’t depend on help to
    do things all the time and try to do what they can. Many
    times they pay the price of the pain after attempting it.
    I see a person I know mow his lawn and right after needs
    to lie down because of the effort. Someone could video
    him doing this chore and say nothing is wrong with him.
    I don’t know the person who the article refers to and one
    video should not condemn him. But if it was an on going
    affair and he was doing work like that on a regular basis,
    then something wasn’t right and should have not been on
    workers comp.

    1. You are right. People do what they have to do to get something done because, they have no help. That does not mean that they aren’t paying for it later because of the pain they endure. Some jobs need doing even if there is no one else to do it.

    2. Back in the early 60’s, my self employed pulp cutting Dad broke his leg. 1.5 days later, leg in a cast and on crutches, he was back in the woods. He did what he had to do because there was no safety net.

    3. It was 2 half days, he was in a situation where the moible needed to be move because of financial reasons (taxes, oil bill) he got the chance to sell it, so yes I do see the point that people are sick of people abusing the system, cause I for one can say I am sick of it….I know I am his daughter and people would think I would stick up for him, but if he did do wrong he would deserve it, but like I said he is not one who doesn’t want to work, he has worked for the DOT for 28 years and has been loyal and devoted to his job. At the time he was on some heavy medications to get him through it but also had family members there as well helping through out these 2 Half days, the video was a total of 37 mins, maybe 20 mins of work….

  6. Lets check out some of these dead beat dad or moms..on welfare, us all paying for it..not much said on that !!!!!  get , if it was your son you’d defenh him , for a 36 min video

    1. People assume bad things about them all of the time and plenty is said about it.  I bet everyone on here has looked down on someone, or scrutinized their purchases in the grocery line when someone is paying with an EBT card.

      It is public $, so yeah, he was caught, convicted and people will talk.

  7. I wonder if they filmed this same man later in the day or the next day?  He may have been able to do it for awhile, but he may have been suffering the next day…or even the same afternoon. There are times that people HAVE to do something themselves…that does not mean this person could perform these duties hour upon hour, day after day!

    We shouldn’t be so quick to condemn someone….I know, I have changed my way of thinking since I was injured and now am one of “those  people”

    1. Thank you Garminsmom, glad there are still people who understand, they followed him for 80 plus hours and got him doing 20 mins of work, he did pay for it and did take pain meds to help get through it, he needed to get rid of a moible home off his property for financial reasons, just makes me sad that people can put others down, they all know the paper just wants the juicy stuff :(

      1. The state put the video all together they took 80 hours of videos and combined it into 36 minutes so people did not get to see hom resting or going in to take medications or all the other people that helped him

    2. You are right there  anyone that has hurt themselves knows  when u take medications you don’t have  the sense to know  what limits are  . I guess some people would rather have him in DOT trruck driving while taking medications .But one day some of these people are going to realize that somethings you have to do no matter how much you hurt.It does not mean you can  do it  8 hours a day 40 hours a week

  8. Now if they could do this to the ones who fraud to get Welfare this state would be in a much better position.

  9. Something smells fishy here. a setup maybe. I don’t know what is is but it smells. I was out of work because I tore the mucles in a shoulder once, but I still had to carry in the firewood. they didn’t offer me a naive to do my chores.

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