California, United States of America
The following excerpt is from People v. Inocencio, H035654 (Cal. App. 2011):
There is also evidence that defendant knowingly failed to disclose material facts for the purpose of obtaining benefits, which is the evidence required for a conviction under Penal Code section 550, subdivision (b)(3). He failed to disclose his prior low back injuries, which was a material consideration in deciding how much, if at all, defendant's industrial injury had resulted in his permanent disability. (See Brodie v. Workers' Comp. Appeals Bd. (2007) 40 Cal.4th 1313, 1320-1325.) Defendant may or may not have understood the intricacies of the workers' compensation disability rating system but it is reasonable to infer that he knew that a "long history" of low back problems could have a negative impact upon his compensation for the March 28, 2006 incident and that he chose not to reveal that history to maximize his compensation for the current injury.
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