Gutierrez appeals decision by BWC

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Anthony Gutierrez

SPECIAL TO THE VINDICATOR

COLUMBUS — Anthony Gutierrez, a department manager for former Attorney General Marc Dann, is appealing a decision by the state Bureau of Workers’ Compensation that workers at his home-remodeling business were employees and subject to workers’ compensation payments.

Gutierrez filed the appeal Monday, two days before he was scheduled to face sentencing in a Franklin County courtroom for charges stemming from the scandal that led to his firing and Dann’s resignation. Dann lives in Liberty.

Gutierrez appeared before a state panel last month that focused on whether workers at his MTV Construction business were employees or contractors.

The former would have required filings with the Bureau of Workers’ Compensation and payments to the state to cover costs if workers were injured on the job, which Gutierrez’s MTV Construction did not pay.

The BWC board late last month determined that the workers were employees.

During the earlier hearing and in the appeal filed this week, Gutierrez argued that the bureau had not proved the four workers in question met the state’s definition of employee.

A hearing date for the appeal has not yet been set, BWC spokeswoman Melissa Vince said Tuesday.

Gutierrez was indicted earlier this year on 10 criminal counts that carried potential penalties of eight years in prison and $20,000 in fines.

In August, he pleaded guilty to six of those counts as part of a deal with prosecutors. Prosecutors, as part of the plea agreement, have recommended 45 days in jail, served in 15-day increments. Sentencing in the case is scheduled for today.