Missouri is the latest state to hand down a sentence to a fraudulent medical examiner in its federal court. This time around, the fake examiner did not stop at commercial vehicle drivers. Dozens of military veterans were also victims of the scam.
David Biersmith owned a company in Independence, a suburb city in the Kansas City metro area, called Industrial Medical Center. IMC conducted drug and DNA testing for several contracted entities. Among the services provided were drug testing and physical exams for commercial vehicle drivers per Federal Motor Carrier Safety Administration regulations.
Biersmith’s employees included Wayne Williamson, a former doctor who lost his license in 2010 after pleading guilty to health care fraud, conspiracy to distribute Oxycontin/Percocet/Xanax and for harassing a Missouri State Board of Healing Arts investigator. Williamson was sentenced to three years in prison and three years of supervised release. In December 2013, Williamson was taken off supervised release. He was a medical consultant at IMC from 2013 to 2015.
IMC was a contractor with the U.S. Department of Transportation to conduct medical exams. Dr. James Lindsey, a licensed chiropractic at IMC, performed those exams. Although Lindsey was a licensed chiropractic, Biersmith – who has no medical licensing – signed Dr. Lindsey’s name on many DOT exams. These include exams that Dr. Lindsey never performed.
In a sworn statement to special agents, Biersmith said he had only signed a few DOT physicals and only before, during or after Lindsey had performed the exam, court documents reveal. However, evidence found that Biersmith had actually signed at least 65 documents under Lindsey’s name, including those the doctor did not conduct.
In April 2013, Biersmith signed a contract with Logistics Health Inc., which had itself entered into a contract with the Department of Veterans Affairs to provide and perform disability examinations.
At the time, a doctor referred to only as Dr. J.W. in federal court documents was the only trained and licensed provider at IMC. Dr. J.W. eventually left IMC in July 2013, shortly after the Logistics Health contract was signed.
Left with no credentialed examiner on staff, Biersmith directed Williamson and Lindsey, to perform the VA exams. Williamson and Lindsey agreed, knowing (or at least should have known) that Dr. J.W. was the only professional licensed at IMC to conduct the exams.
After the exams were completed, IMC would submit the completed forms electronically to Logistics Health. However, the completed forms erroneously represented that Dr. J.W. had electronically signed off on the forms. IMC had used the doctor’s username and password in its database.
An estimated 209 electronic forms for 53 military veterans were falsely represented to have been signed by Dr. J.W. As a result, the VA had to re-adjudicate all the claims. Several veterans had to retake the physical exam, and others had their claim file reviewed, according to federal court documents.
According to Fox 4 News in Kansas City, Biersmith also is being accused of defrauding homeowners with fake eviction notices as director of the Truman Road Corridor Association. The nonprofit claimed to sell donated homes to poor people who typically would not qualify for ownership. However, a lawsuit claims Biersmith tried to evict people out of properties he did not own in addition to attempting to collect rent on properties he did not own.
On Aug. 21, Biersmith was sentenced to five years of probation and ordered to pay restitution of nearly $40,000.
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