October 24, 2005

DILLON ANNOUNCES:

ARREST OF FORMER TOWN OF OYSTER BAY

EMPLOYEE FOR THEFT OF WORKERS’ COMPENSATION BENEFITS

Nassau County District Attorney Denis Dillon announced today the arrest of a former Town of Oyster Bay (TOB) mechanic, Gary W. Koslosky, 44, 117 Dean Street, Hicksville, New York, on one charge of Grand Larceny in the Third Degree, a class D Felony for the theft of $13,118.25 in Workers’ Compensation benefits.

According to Dillon, "Koslosky, a TOB mechanic assigned to the Central Vehicle Maintenance, (CVM) claimed that he sustained an injury to his neck and shoulder while performing maintenance on a snow plow. The TOB is a self insured municipality and, therefore, pays workers’ compensation benefits pursuant to New York State (NYS) law directly to employees when the NYS Workers’ Compensation Board awards the payment of reduced earnings after a hearing to the injured/disabled employee."

"The TOB has continued to pay Koslosky after his injury approximately $400 per week, the maximum benefit, since December 2003," said Dillon. "On March 22, 2005 Koslosky’s employment with the TOB was terminated upon a Stipulation of Settlement pursuant to Civil Service rules since the defendant had used all accrued sick and vacation leave and the TOB was required to replace the defendant’s mechanic’s position at CVM. Although the defendant’s employment was terminated with the TOB in March 2005, the TOB was required to continue to pay weekly Workers’ Compensation benefits to the defendant."

"In 2004 the TOB received an anonymous tip alleging that Koslosky was employed as a painter while receiving Workers’ Compensation benefits," said Dillon. "Subsequent to the receipt of this information, the TOB retained the services of a private investigator who conducted an investigation commencing in November 2004 until February 2005. The TOB PI firm conducted surveillances of Koslosky, including limited video surveillance. On numerous occasions Koslosky was observed leaving his home and arriving at Everlast Sign and Service, Inc., Syosset, New York and remaining at the location for several hours. On one occasion, the video surveillance captured Koslosky carrying a wooden fence post to a customer’s vehicle."

"By his actions, Koslosky has committed a crime against the taxpayers of the Town of Oyster Bay and undermined the trust the public expects from its public employees." stated Dillon.

"I would also like to acknowledge the assistance and cooperation provided to our office by Town of Oyster Bay Supervisor John Venditto and his staff, and the investigators assigned to the NYS Workers’ Compensation Board Office of the Fraud Inspector General," said Dillon.

Koslosky will be arraigned later today in First District Court in Hempstead. If convicted he faces up to 7 years in prison.

The charges are merely accusations and the defendant is presumed innocent until and unless proven guilty.