Judges dismisses insurance fraud charges; retains theft charges against Uniontown couple
Fayette County District Attorney Jack R. Heneks Jr. said Monday he is evaluating whether to appeal a decision the dismiss insurance fraud charges filed against a couple accused of illegally collecting more than $20,000 in unemployment compensation, but upheld theft-related charges in the case.
President Judge Gerald R. Solomon last week found that the Insurance Company Law of 1921, under which the charges against Myron and Lisa Nypaver were filed, did not cover the insurance fraud charges. Solomon found that the law did not deal with unemployment compensation, and that there was no evidence presented during a June hearing that the city of Uniontown is one of the self-insured entities that are covered under the law.
“I’m pleased the theft by deception charges will proceed, and we’re studying whether to appeal the decision (to dismiss the insurance fraud charges),” Heneks said.
Myron Nypaver, 45, and Lisa Nypaver, 41, both of Uniontown, were charged earlier this year when continuing to collect unemployment benefits on Myron Nypaver’s behalf after he was brought back as the fire chief in the city. He had been furloughed.
County task force Detective Steven G. Kontaxes alleged that the couple collected benefits between March and November 2010. Myron Nypaver was one of seven firefighters furloughed in December 2009, and brought back to work in March.
Prosecutors alleged Myron Nypaver was paid weekly wages averaging $1,086 by the city after he returned to work, but still collected the unemployment payments.
Kontaxes testified during a preliminary hearing that Lisa Nypaver acknowledged filing the false claims and Myron Nypaver admitted he was there when she did so.
After the charges were filed, Uniontown City Council voted to terminate Myron Nypaver.
At a hearing to dismiss the charges, attorneys for the Nypavers argued the charges should be dismissed because they should be addressed civilly instead of filing theft charges against them. Solomon rejected that argument.