Attica prison guard accused of workers’ comp fraud
A correctional officer at the Attica Correctional Facility has been accused of defrauding the state insurance fund.
James S. Gibbs, 33, of Batavia was charged last week with third-degree grand larceny, third-degree insurance fraud, first-degree offering false instruments for filing, all felonies, and a violation of the Workers’ Compensation law, according to New York State Police.
State Police said the charges were the result of an ongoing investigation by troopers, the state Department of Corrections and the state Insurance Fund Unit.
Gibbs is accused of receiving wages for plowing driveways and sealing parking lots in the City of Batavia, while he was also collecting full disability compensation from an on-duty injury. He allegedly collected the funds between the winter of 2008 and the summer of 2009, troopers said.
Gibbs was arraigned in Batavia City Court and was remanded to the Genesee County Jail. He was released over the weekend on $10,000 bail, according to jail deputies. He is expected to return to court to answer the charges at a later date.
Department of Corrections spokeswoman Linda Foglia said Gibbs has been a state corrections officer since January 2000 and has worked at the Attica facility since July 2003.
Foglia said Gibbs is currently on a paid leave, which followed his already exhausted six-month-long workers’ compensation leave. The current paid time off is through his vacation time and personal days. Foglia said he will need to explain the charges and incident upon his return. Action will likely be taken at that time, she said.
