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Janitor out on a work-related injury caught dancing at night club

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Janitor out on a work-related injury caught dancing at night club

A former janitor in California didn’t give up his moonlighting gig performing at a nightclub after he told doctors his slip-and-fall at work prevented him from functioning normally.

Marcus Kelly, who was caught on camera dancing, pleaded guilty to workers compensation fraud Wednesday and was sentenced to 30 days in county jail, five years formal probation and ordered to pay $40,097 in restitution, the Elk Grove News Net reported Thursday.

Mr. Kelly worked for the Sacramento City Unified School District as a janitor when he claimed on Sept. 9, 2014, he experienced an unwitnessed slip-and-fall at work, resulting in reported back and leg pain. Mr. Kelly was placed on modified duty, including limitations on how much he could lift and limitations on bending or twisting at the waist, according to the news report. 

Within a month, he told his doctor that his condition had worsened and that his pain was so intense it interfered with his ability to travel and engage in social activities. When the restrictions could not be accommodated, he was placed off work, the news website reported. 

Later, investigators found that during this time period Mr. Kelly had been working as a dancer at a nightclub. Surveillance video showed Mr. Kelly dancing on stage for several hours over several days and engaging in activities he reported to doctors he was unable to perform, the site reported.

 

 

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