Lundeen had gone into Portsmouth Municipal Court on Wednesday asking to have the affidavits unsealed.
“City Attorney (Solicitor) Mr. (Mike) Jones announced to the judge that there was a similar search warrant affidavit in Huron County that he understands to be out from under seal,” Lundeen said. “And since they both contain similar arguments they (City of Portsmouth) had no objection to this one being unsealed.”
Lundeen said the affidavit contained the evidence that led to the granting of the search warrant on Lundeen’s office on the fourth floor of the Masonic Temple Building on Chillicothe Street in Portsmouth. At the same time, investigators were also searching Lundeen’s office in Plymouth, Ohio.
Shortly after the raid, the Bureau of Workers Compensation de-certified Lundeen as a provider. Later, his license to practice medicine was taken by the State Medical Board.
What was in the affidavit?
“It’s a statistical analysis by the Bureau of Workers Compensation of my billing practices,” Lundeen said. “The raw data is inaccurate; the percentages are inaccurate; They do peer group comparisons without identifying peer groups.
“You can use statistics to argue any point. That’s the old adage,” Lundeen said. “So the bottom line is — these were sworn affidavits by two different people — one from Huron County and one for Scioto County, sworn to be true. They were not.”
Lundeen said the Scioto County affidavit was signed by Timothy M. Larrison, special agent for the Ohio Bureau of Workers Compensation.
“When they searched the office in Portsmouth on March 16 they took all the paperwork for pending evaluations for reports. That was not on their search warrant. They were not allowed to take them,” Lundeen said. “My cell phone was not in the search warrant. They took my cell phone. I said I needed my cell phone both personally and professionally, and I had a patient in Cincinnati with aneurysms in her head. I needed to maintain my cell phone. They were allowed to inspect my car at 602 E. Chillicothe. My car was not located there. They tore my car apart. They took a lot of things and they did not put those on the inventory.”
Lundeen said his next step is to get the search warrant affidavit from his Cleveland office and see how it is similar and how it is different from the other two.
“I’ve got cases pending in the District Court. I’ve got one case still pending in the (Ohio) Supreme Court. The Supreme Court dismissed my writ without comment. Normally they‘ll write a memorandum. It was simply dismissed,” Lundeen said. “They have taken away my liberty and taken away my ability to be employed by defaming me on the same day. They put out that public announcement about my filthy place, which was the attic of my place,” Lundeen said.
Lundeen said Wednesday his practices have been closed and he can’t go to another state to practice with the loss of his Ohio medical license still in place.
FRANK LEWIS may be reached at (740) 353-3101, ext. 232, or firstname.lastname@example.org.