Ex Sacramento Unified Employee Caught Dancing After Injury, Pleads Guilty to Workers Comp Fraud

A former employee of the Sacramento Unified School District who was caught on camera dancing, has plead guilty to workers compensation fraud.

Marcus Kelly pled no contest on Wednesday, February 8 in Sacramento Superior Court to felony insurance fraud. Kelly was sentenced 30 days in county jail, five years formal probation and ordered to pay $40,097 in restitution.  

Kelly was employed by the Sacramento City Unified School District as a janitor who claimed on September 9, 2014, he experienced an un-witnessed slip-and-fall at work, resulting in reported back and leg pain. Kelly was placed on modified duty, including limitations on how much he could lift and limitations on bending or twisting at the waist. 

By the end of September, Kelly reported 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. 

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

This case was prosecuted by the Sacramento County District Attorney’s Office Insurance Fraud Unit.

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