PORTLAND, Maine — Maine’s highest court on Tuesday upheld the conviction of a Monticello man who collected more than $45,000 in workers’ compensation benefits while operating an engine repair business.
Stephen Tucker Sr., 63, was convicted of theft by deception in April 2014 by an Aroostook County jury.
The Monticello man received more than $45,000 in benefits from the Maine Employers Mutual Insurance Company from July 2009 through February 2012 by claiming he could not work because of a hand injury he suffered in 2006 while working at Brewer’s Service Station in Mars Hill, according to the Maine attorney general’s office.
Tucker, however, opened his own small engine repair business — Littleton Service — in Littleton in January 2009. Maine Employers Mutual later hired a private investigator to conduct surveillance of Tucker and discovered he was performing many physical tasks in connection with his business that were inconsistent with his testimony before the Maine workers’ compensation board. Tucker was changing tires, performing oil changes, swinging a hammer, repairing lawn mowers and accepting cash payment for his services, according to the investigator.
From Tucker’s date of injury in 2006 until April 2012, Tucker repeatedly told his doctor that his left hand hurt too much to work, according to court documents.
He was sentenced in July 2014 to 42 months in prison with all but one year suspended, and ordered to pay $50,242 in restitution to Maine Employers Mutual Insurance Company.
In his appeal to the court, Tucker argued that the court erred in admitting testimony that he claims was inaccurate and prejudicial, allowing the state to reopen its case after it had rested, and failing to instruct the jury on an additional element of theft by deception.
Writing for the majority, Justice Andrew Mead wrote that the court record indicates the jury was properly instructed on the elements of theft by deception and that the state presented evidence showing Tucker repeatedly made deceptive representations about his ability to work, about not working and about not receiving income from labor.
Tucker contends that an insurance adjuster’s testimony was inaccurate and he was unfairly prejudiced because that testimony was the only evidence establishing the necessary causal link between his alleged deception and the payment of benefits by Maine Employers Mutual. The adjuster testified about what Maine Employers Mutual would have done had Tucker informed the adjuster that he was actually able to use his left hand for mechanic’s work. The Law Court found that the testimony was properly allowed at the court’s discretion.
The high court also ruled on a video deposition by an individual who had provided vocational and rehabilitation services to Tucker but was unavailable for trial. Though the individual was examined by the state and cross-examined by the defense during the deposition, Tucker sought to have it thrown out.
The court ruled, however, that because Tucker did not object in pre-trial motions or at trial to the admission of the video deposition, along with other factors, there was no obvious error.
Tucker was represented at oral arguments by attorney Heather Gonzales of Strike, Goodwin & O’Brien of Portland.
Leanne Robbin, assistant attorney general, represented the state.