Fairfield doctor admits he’s guilty of fraud

Chiropractor Dr. Gary Berner defrauded state bureau of workers’ compensation.

COLUMBUS — A Fairfield chiropractor has admitted guilt to workers’ compensation fraud, a third-degree felony, as part of a plea deal.

Dr. Gary T. Berner from the Back and Spine Center, 2336 Mack Road, was indicted in July 2010 for his part in a scheme in which his colleague, Dr. Bruce E. Holaday, allegedly continued to bill the Ohio Bureau of Workers’ Compensation after being banned from treating injured workers, according to a news release.

Investigators from the BWC Special Investigations Department found that Berner allowed Holaday to use his name and provider identification number to unlawfully bill BWC for treatment Holaday personally directed, though he was previously decertified as a BWC health care provider. The decertification prohibited Holaday from seeking and receiving reimbursement, according to the news release.

As part of his plea, Berner will pay $104,400 in restitution and $5,000 for the cost of the investigation. Sentencing is set for April 21.

Three other clinic employees also were investigated and convicted of fraud as part of the investigation.

Holaday was indicted on one count of workers’ compensation fraud and theft, third-degree felonies; 32 counts of forgery, fifth-degree felonies; and engaging in a pattern of corrupt activity, a first-degree felony.

Holaday said he was unaware that Berner accepted the plea deal and that he was still practicing. Holaday said he doesn’t believe the allegations are true, but declined to disclose more information. He has a March 29 trial date.

About the Author