A settlement has been reached between the San Diego District Attorney and NICA, Inc., according to Thomas McGrath, president and CEO of NICA.

In May 2006, a grand jury in San Diego returned a 400-count indictment against eight current and former employees of NICA for allegedly filing false workers’ compensation claims. With this settlement, all counts against Eileen Rogantino, Wesley McClure, Timothy Bergin, Mary Jayne Graham and Andrew Rogantino have been dismissed.

“We said all along that these charges were inappropriate, and I think we’ve been vindicated by all the counts that have been dismissed.” McGrath said. “This dismissal of 397 of 400 counts is an acknowledgement of the strength of our case and our vigorous legal defense led by Richard Egbert.”

Under the terms of the settlement, Thomas McGrath, David Kenyon, NICA’s controller, and Daniel Curran, NICA’s business development representative, settled on one count each. The one count to which the three employees agreed to settle, “Misrepresentation of a Fact,” relates to a single monthly earnings report filed with the California State Compensation Insurance Fund (“SCIF”). All 147 remaining counts against McGrath, Kenyon and Curran were dismissed.

The settlement resolves all potential claims related to this matter. Although McGrath and the two remaining defendants claim they were confident that they would prevail at trial, they say they chose to settle and avoid the cost of what was expected to be a prolonged trial.

As part of the settlement, McGrath has agreed with SCIF to pay for injuries sustained by independent contractors affiliated with NICA.

McGrath adds, “NICA has always stood by independent contractors and companies that choose to utilize their services and will continue to do so in the future.”

For more information, visit the NICA website: www.nicainc.com.