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Name: People v. O’Casey
Case #: F034287
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 05/01/2001
Subsequent History: None

A workers’ compensation insurer is a direct victim of workers’ compensation insurance fraud, and is thus entitled to restitution when the defendant is granted probation. Unlike the usual liability insurance carrier that reimburses crime victims for their loss, here the carrier made payments direct to the defendant as a result of the fraud or misrepresentation, and thus was a direct victim. Moreover, Insurance Code section 1871.4, subdivision (b) expressly provides that restitution shall be ordered, including restitution for any medical evaluation or treatment services obtained or provided, upon conviction of violation of subdivision (a), which was the crime of which defendant was convicted.