Following an investigation into an employee’s workplace death, a California court has convicted construction company of failing to pay for workers’ compensation insurance, among other offences.
In P. v. Czirban, the deceased was operating the defendant’s bulldozer to help the California Department of Forestry and Fire Protection at a wildfire in Monterey County when he was ejected from the vehicle and was crushed. An investigation showed the defendant did not have workers’ compensation insurance.
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The trial court convicted the defendant, Ian Czirban, of Czirban Concrete Construction, of procuring or offering a false or forged instrument; tax evasion; failure to collect, account for, or pay taxes; and misdemeanor failure to secure payment of workers’ compensation insurance. The defendant, who received a suspended sentence, was placed on felony probation for three years.
While the defendant’s conviction appeal was pending, the trial court tackled the matter of victim restitution. The Workers’ Compensation Appeals Board issued an order approving a compromise and release, based on a compromise and release agreement’s terms, and found the settlement reasonable and fair.
As a condition of probation, the trial court ordered the defendant to pay $70,667.56 as victim restitution to the deceased’s partner, who was the mother of their two children. The defendant appealed this order.
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