There’s a worn and fading sign scotch-taped to the ice dispenser outside the Mobil service station and convenience store on State Road 100, where Zuheily Roman Rosado, a store clerk there, was murdered in an apparent hit on Feb. 21. “Donations for Zuheily’s Funeral,” the sign reads, the ink bleeding from a few rains since.
School resource deputies and the Flagler County Sheriff’s Office’s Explorers and Junior Police Academy students organized a car wash in early March for Roman’s six children–the youngest is 1, the oldest is 16–at Flagler Palm Coast High School, raising close to $3,000.
Both fundraisers might not have been as critical had the Mobil station’s workers’ compensation policy been in order. According to Florida law, if a fatal accident occurs on the job, the victim’s family is entitled to $7,500 in funeral expenses, and additional death benefits of up to $150,000.
Mohammed Ansari, the owner of the station, did not have workers’ compensation coverage at the time of Rosado’s shooting.
“As a result of Ansari not having workers’ compensation coverage, there were no death benefits provided Ms. Roman’s family,” charging affidavit filed by the Division of Insurance Fraud on March 12 reads.
That day, Ansari, 51, of Ormond Beach, was charged with Workers’ Compensation Fraud, a third-degree felony, and issued a stop work order at the Mobil station.
The work order has since been resolved, according to Deborah Jamison, a spokeswoman for the state Division of Financial Services, which oversees the insurance fraud division. “The penalty was paid,” Jamison said. “Now they’re in compliance and able to operate the station.” Jamison said that as far as the work order is concerned, the case is over, but that the financial services division could not comment on whether an investigation was continuing, and whether formal charges are being brought.
The workers’ compensation fraud charge, however, was filed at the Flagler County Courthouse and assigned to Circuit Judge J. David Walsh. Ansari himself, reached at his home Friday afternoon, said he was contesting a $1,000 penalty, and was aware of a future hearing, but had not received any notices about it. “I have to protest that because I have all the papers,” he said.
No hearing date has been set in the case, which is listed as a criminal felony, not an administrative proceeding. Jamison could not explain the discrepancy.
Ansari said there never was fraud. “Somehow they lost a check in the mail, they didn’t get it,” Ansari said of his insurer. “It was an honest mistake.” He added that he’d never received notice that the policy was cancelled. “We have proof that all the checks got cashed except this check.”
Ansari also said that he was not required to have workers’ compensation coverage at the time. “If you have four people on the payroll, you don’t need a worker’s comp,” he said, and in late February, his garage had closed and his payroll was so small that it hadn’t tripped the requirement. The garage has since reopened, he said. (Friday, the convenience store, the garage and the gas station were doing brisk business.)
Rosado, 32, was working the evening shift when, just after 10 p.m. on Feb. 21, a man who’d covered his face with a dark shirt briskly walked into the store, headed for the counter, shot Rosado, and ran out. The case remains unsolved.
The next day, Daniel Pfaff, a state investigator with the Division of Workers’ Compensation Compliance, went to the store to investigate Ansari’s workers’ compensation coverage and found that Ansari’s policy had been cancelled on Jan. 7 for non-payment of premiums, according to the charging affidavit. Ansari told Pfaff that he’d sent a check to the insurance company on Feb. 15 as payment. The investigator confirmed with the insurer that the policy had been cancelled on Jan. 7, and that there was no other coverage in effect. He then issued the stop work order.
Ansari uses a company called PayChex Insurance Agency for his payroll services and to obtain workers’ comp insurance, according to the affidavit. The policy is set up, an insurance agent told the investigator, so that Ansari is responsible for making premium payments, which go directly to AmTrust North America, PayChex’s parent company. The agent confirmed to the investigator that no payment was received on Feb. 15.
Ansari called Paychex on Feb. 25 to reinstate his policy, “but was referred to the sales department for a new policy due to the length of time since cancellation and to having a history of prior cancellation,” the charging affidavit reads. An underwriting manager said that Ansari’s policy had also been cancelled on Oct. 29, 2012, for non-payment, but was reinstated on Nov. 5, once payment was received.
The agent confirmed to the state investigator that “based on the facts of the case, there would have been benefits paid out had the policy been in effect,” according to the charging affidavit.
A Flagler County Sheriff’s spokesman Friday said the investigation into the killing of Rosado is continuing, with nothing new to report since February.
Jim Manfre, the sheriff, is the featured speaker at the March 27 meeting of the Flagler County Democratic Club, with a talk entitled “Gun Legislation, Crime and the Case of Zuheily Roman Rosado.” The meeting is scheduled for 6 p.m. at the Flagler County Public Library in Palm Coast, and is open to the public.
jp says
You live here, you should play by the rules. Six kids and zero money? Now the State will be burden to take care of them. By the way, most dangerous job in American? Convenient store clerk, not crab fishing in Alaska….
Taylor says
such a shame her family should still get the money. its the buisness’s fault that there was no workers comp.. Rosado family fight for your rights.. she didnt deserve to get killed…
Blue6 says
This is terrible stacked upon terrible. Here’s the chance for one of the many law firms that constantly advertize on our TV’s telling us how righteous and moral they are, to step up with an offer of pro-bono representation. Now that would make a very effective commercial! How about it Mr. Morgan?
Anonymous says
Sign the property over to the family, or sell it and give the proceeds to the family.
NOSTRADAMUS says
My Heart Goes Out to the Rosado Familly, Call The Law Office of Mr. Dennis Bayer, South 6th St., Flagler Beach Fl.!!!We can Find 10 Unlicensed Contractors Working in Flagler in 8 min and God Bless You All !!!
confidential says
Yes I totally agree with all the comments above. If this gas station owner allow under any excuses or circumstances expire his workmen comp insurance, he is still responsible for paying out to the family. What about his business liability insurance? Or he operates a gas station and convenience store without one?As a matter of fact is very peculiar that he lapsed his insurance more than once…I call that greed! He forgets he operates a business in the USA? This family needs a local lawyer that will take their case in a contingency based on winning a settlement. Mr. Dennis Bayer or Mrs. Raven Sword. Someone has to have some compassion for this family, specially now that we have a great county judge Milissa Moore Sten.
Legally says
Ansari is liable a civil suit will make him pay up.
Dave says
If the owner is any kind of a man at all he will pay out of pocket for the mistake he made, but then again if he was so cheap that he would pay one person to work alone and not keep up on his insurance I would be willing to bet he will not pay a dime.
Such a shame says
Ansari needs to work the store and ALL his “pay” go to those innocent children.
Where’s the law here?
He needs to be liable and make restitution to her children.
No workman’s compensation? That’s inexcusable, period..Checks in the mail, yeah, right…
How far will do you think that $3,000 go for 6 children they raised? I feel so very sorry for her children, the system let them down. Just another crack to let the store owner get off.
Profiler says
I sent an email last night to Morgan and Morgan Law Offices in Orlando, with a link to this story. This morning they called me and said they are forwarding the article to Tim Morgan to take a look at this. We can keep our fingers crossed that they take this case.
Anonymous says
Wlll the Insurance company has some responsibility here as well. Seems like they are all too eager to take those monthly or quarterly premiums but the first time there’s a claim for them to pay, they’re going to look for any loophole they can to get out of paying. It doesn’t sound like “fraud” on the owner’s part. It sounds like he sent in the check. He had rec’d no notice that his policy was cancelled until AFTER her death? That sounds suspicious to me on the insurance company’s part. They didn’t want to fork out $150k. Possibly the Insurance Company should “do the right thing” and make a good name for themselves, and pay this woman’s family, and not screw these children out of their livlihood on a technicality.
Samuel Smith says
Nice to see that Manfre is leaving no tragedy unexploited.
livesinpalmcoast says
I say that we should not give that gas station our business any longer. Protest to everyone you know.
really people says
i will no longer go to that gas station and i would hope palm coast, flagler and bunnell folks and more should do the same. unreal. sad.
Seadog says
I expect the kids will own the station by the time the lawyers are finished.
confidential says
How come the insurance company, as required by law, did not inform the state that Ansari let his insurance expire? and if the state was formally informed why didn’t follow procedure other than doing nothing about it? Or are these oil companies involved with these gas stations so powerful that these insurance lapses are lobbied to be conveniently ignored..by at least Fl govetrnment? How many more gas station/convenient stores combination businesses are now open with expired insurance? What is the risk we all as customers too are taking if so..while feeling up the tank? This should be a wake up call for our legislators…and cities and counties to investigate, as I consider it much more dangerous that any poor soul trying to make a buck while not affording the time and $$ to pay for a contractor license.
JL says
I can tell you, I will never give a dime of my money to that store ever again. I hope the family retains the best legal defense out there and takes everything from this owner. The check is in the mail, oh, ya, we’ve never heard that one before.
Will says
We have attorneys in Flagler County who could take the case too. Why the rush to get the Morgans with their big TV budget involved.
I agree the kids need all the help they can get.
sbc says
Fact is that in most states workers compensation coverage is very limited in the amounts that the family can recover for a death. They also prevent the family from a civil lawsuit when the claim is covered by workers conpemsation… “eclusive remedy”. Therefore, if the family can now sue for millions instead of $157.5k. And I hope they do. Curious as to why this gal was killed.
James says
How many of you actually went to that gas station in the first place? For as long as I can remember they have been 20 cents more than any other gas station in the entire county. The owner obviously makes a fair chunk of change.
MM says
This station is a total rip off and should be closed. They were illegally selling cars without a business license last year, and took me for nearly $3000. I should have pressed charges then, but I see their karma is finally coming around. My sympathies to Ms. Rosado’s family. I hope someone will take up their cause, and the monster who did this is brought to justice.