Webb

If a picture is worth a thousand words, a moving picture is worth a million. Here, a surreptitiously recorded videotape served as an evidentiary bombshell by depicting appellant as a robust commercial fisherman, not a sedentary invalid entitled to $42,000 worth of in-home attendant care. Thus, Thomas Reed Webb was convicted of making a false or fraudulent statement to obtain workers’ compensation benefits (Ins. Code, § 1871.4, subd. (a)(1)) , perjury (Pen. Code, § 118, subd. (a)), and grand theft by false pretenses. (§ 487, subd. (a).) He contends the evidence is insufficient to support the convictions because each crime requires a misstatement of fact, and he made only statements of opinion concerning his pain and the assistance he required at home. He also contends that the trial court erred by not instructing the jury on this distinction, and on the defense of good faith. Finally, appellant contends his trial counsel was ineffective by not requesting these instructions. We affirm.

Facts and Procedural History

In 1977, appellant seriously injured his back while working as a truck driver. For this legitimate injury and as part of his workers’ compensation award,…