Nearly three years ago, a roofer in Pierce County, Wash., fell off a ladder and was unable to work, he claimed.

However, an inquiry by Washington State Department of Labor & Industries investigators discovered he had been working the entire time.

The man, Juan P. Delgado, has now been ordered to repay more than $60,000 to Washington’s workers’ compensation fund after videos showed him working and carrying heavy objects. 

Delgado was working as a roofer in Tacoma when he fell more than six feet from a ladder, injuring his back, ankle and knee in March 2019. His doctor confirmed he could not work, and Delgado regularly completed official L&I forms stating he was not working due to workplace injuries.

However, in early 2021, a private investigator told L&I that Delgado was working, according to charging papers. 

The roofing company that employed Delgado when he was injured hired an investigator to examine his work status, according to Insurance Journal, which first reported the story.

L&I initiated its investigation, allegedly revealing that Delgado returned to work weeks after his injury without notifying L&I. In the following three years, he consistently worked as a custodian, roofer, or house cleaner, cleaning and preparing vacant homes for sale.

While investigating Delgado’s claim in October 2022, an L&I undercover investigator reportedly asked Delgado if he could have a table he discarded by a Tacoma house. According to L&I, Delgado agreed and carried the table — alone — more than 50 feet, unaware another investigator was filming him.

At the time, Delgado was medically restricted from lifting more than 25 pounds, charging papers said. Investigators weighed the table and found it to be 48.6 pounds. 

The charging papers said that after Delgado’s doctor watched the table activity and other surveillance video, the physician said Delgado had not accurately represented his physical abilities and determined Delgado could resume roofing work. 

The Washington State Attorney General’s Office prosecuted the case, and Delgado, 51, pleaded guilty to second-degree malicious mischief, a felony, for unlawfully taking payments from the L&I from April 2019 to January 2022. 

Roofing Contractor's Legal Insights columnist Trent Cotney, partner and Construction Practice head at Adams and Reese offered a blunt assessment of the case.

5 strategies to protect your company from abuse of workers’ compensation insurance:

• Implement Strict Reporting Protocols – Require immediate injury reporting with detailed incident documentation to discourage false claims.
• Conduct Thorough Investigations – Review medical reports, interview witnesses, and verify accident details to identify inconsistencies.
• Use Surveillance and Monitoring – Monitor workplace injuries through video footage and, when necessary, investigate claimants’ activities outside of work.
• Offer Return-to-Work Programs – Provide modified duty options to prevent prolonged or unnecessary time off.
• Educate Employees on Policies – Ensure workers understand their rights and responsibilities, reinforcing that fraud carries consequences.

"Worker's compensation exists to support employees who are genuinely hurt while working — not to be misused," he said. "Fabricating injuries isn’t just wrong; it’s illegal and harms both honest workers and the company." 

Pierce County Superior Court Pro Tem Judge Brian Tollefson ordered Delgado to pay $60,116 in restitution to L&I and serve 20 days in electronic home monitoring.