Worker sues over fraud allegations

"Three months ago, prosecutors dropped the case for insufficient evidence and Amaral continues to receive disability payments. However, the emotional and economic pain caused by the ordeal continues to live on," Galine said.

The suit also claims the county should have passed the criminal case to another jurisdiction because Amaral was one of their own employees.

Amaral's suit, which includes her husband Robert as a plaintiff, sees an unspecified amount for punitive and compensatory damages against San Mateo County and Northern Claims Management. While Amaral is his only client currently, Galine said he wouldn't be surprised to learn of other county employees encountering trouble or even criminal charges after receiving life-long injuries while on the job.

"I think what happened is that they just didn't want to pay out benefits for the rest of her life so they hit her with these phony charges," Galine said. "Once we get into [the evidence] we might find a lot more employees involved. This could be something that is a lot bigger than just this case."

County Counsel Tom Casey did not return calls for comment.

Amaral worked as a disability service advocate for the county until she severely injured her wrist in 2001, placing her in excruciating pain and keeping her at home on worker's compensation payments.

"The 'white-hot' pain traveled through her body and was finally identified as reflex sympathetic dystrophy, or RSD," Galine said.

To prove its case, the county and its claims administrator hired private investigators to follow Amaral and secretly videotape her lifting, driving and shopping - actions prosecutors said she claimed she was unable to do but that Galine now said a doctor permitted.

"The surveillance and consequent prosecution caused Amaral economic and emotional damages, placing her name in the public spotlight and violating her civil rights," Galine contends.

The public accusations were "offensive" and made Amaral "the object of pity and ridicule," the complaint states.

"Bolstering Amaral's case is a ruling by a Worker's Compensation Board judge that she has a valid claim," Galine said.

Shortly after that ruling, prosecutor Kathy Alberti of the DA's insurance fraud unit dropped the case April 21.

According to Galine, no one in the District Attorney's Office should have handled Amaral's case to begin with.

"We allege fraud and conspiracy and conflict of interest because all the county had to do was walk down the hall to the DA's office to file a complaint. They should not be able to handle their own employees like that," Galine said.

Chief Deputy District Attorney Steve Wagstaffe said his office has no specific protocol for handling prosecution of county employee but contends "it is definitely not a conflict."

Questions remain whether the county counsel can defend itself in this claim or if it will contract out representation.

The complaint specifically accused Northern Claims Management of conspiracy by "intentionally or with a reckless disregard" of Amaral's rights filing a criminal complaint with the local district attorney.

Michael Thomas, the attorney for the company, could not be reached for comment on the pending lawsuit.

Both the county and the claims administrator know of the suit and are being formally served. Each must respond in writing before the case can move forward toward an eventual settlement or trial.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.