Joseph A. Cimino, of Bensalem, Pa., says NJM Insurance accused him of breaking the law while on temporary disability.
TRENTON -- A painter collecting workers' compensation has sued New Jersey Manufacturers insurance, alleging the company sent emails to athletic conferences accusing him of insurance fraud for officiating college soccer matches as a side job.
Joseph A. Cimino, of Bensalem, Pa., filed the lawsuit in U.S. District Court in Trenton this week. He says the Ewing-based company defamed his reputation and cost him soccer officiating gigs.
Cimino is an industrial painter for 3R Painting in Neptune. In his suit, he says he suffered a right shoulder injury, a torn labrum, while on a job in 2013.
A workers' compensation claim he filed was approved, and New Jersey Manufacturers (NJM), the carrier for 3R, started paying him temporary benefits. He had surgery in late 2013, and went back to work in 2014, the suit says.
Cimino, though, started having difficulties at work from the injury and had a second surgery in February of this year and due to complications, has been unable to return to his painting job, the suit says.
In November, Cimino suit alleges an NJM lawyer sent emails to the Middle Atlantic (MAC) and Skyline athletic conferences, and other college offices and the NCAA seeking information about him and accusing him of breaking the law.
The suit repeats the email, and has an attached copy, and was reportedly sent by NJM lawyer Lora Campbell. It states that NJM was seeking information and documents about Cimino's officiating.
"Mr. Cimino had a work injury. He said he could not work so he obtained temporary disability payments from our company. We were advised that he has been refereeing college soccer games and getting paid while out on temporary disability which is insurance fraud," the email says.
Cimino's suit, and his lawyer, say he's physically able to officiate soccer matches despite the shoulder injury.
"If he needs to give a red or yellow card (while the center referee), or raise a flag (while a linesman), he either uses his left arm, or his right dominant arm, but the latter never above the shoulder, as he is presently unable due to his work injury," the suit says.
The suit alleges the emails spread through the college refereeing community after being forwarded multiple times.
Cimino is a lifelong soccer enthusiast who has been officiating games since 1982, the suit says.
He's a member of several officiating organizations and holds leadership position at the Eastern Pennsylvania and District Intercollegiate Soccer Official Association.
To get officiating jobs, one must be in good standing with such organizations, the suit and his lawyer Thomas Connelly says.
"Cimino has been told that as a result of the aforementioned emails forwarded by Campbell, he is 'no longer in good standing' with respect to collegiate officiating, and that he should not expect to receive any referee assignments in 2016," the suit alleges.
Connelly said his client is not making a huge living out of refereeing matches, and does it for the love of the game. That, and his good name, is being taken away by the NJM emails.
Connelly said NJM should be spending their time, energy and money on treating his client and getting him back to work, not targeting him.
NJM spokesman John Hardiman said the company could not comment on this issue.
Kevin Shea may be reached at kshea@njadvancemedia.com. Follow him on Twitter@kevintshea. Find The Times of Trenton on Facebook.
