Workers comp fraud verdict


Tuesday, 07 June, 2016

A truck driver from the Hunter region in New South Wales has been found guilty of workers compensation fraud, and fined and sentenced to a 12-month Intensive Corrections Order (ICO), after making claims with three different employers and continuing to work.

According to the State Insurance Regulatory Authority (SIRA), the 57-year-old man was ordered to repay $53,089 to the NSW workers compensation scheme for money he was not entitled to as well as $7000 in legal costs.

An investigation by SIRA found the man failed to disclose to insurers that he had commenced full-time work as a truck driver while still claiming workers compensation for injuries suffered in previous roles despite being aware of his obligation to do so.

The man was found guilty in the District Court of two counts of fraud under section 192E (1) of the Crimes Act 1900 (NSW) and sentenced to 12 months imprisonment, which he appealed.

On appeal, his penalty was reduced to a 12-month ICO, which requires the man to be of good behaviour and not commit an offence, undertake monthly community service, report regularly to the Parole Authority and not leave the state or country without permission.

Anthony Lean, Deputy Secretary Better Regulation, Department of Finance, Services and Innovation, and Chief Executive of SIRA, welcomed the decision and said workers compensation fraud was a serious offence that cheats other injured workers and costs business.

“The workers compensation system helps injured workers at times of great need,” Lean said. “Employers pay premiums to ensure workers injured during the course of employment receive the right level of care and income support while they are unable to work.

“It’s essential that business and claimants act honestly so that the scheme remains affordable, and injured workers receive appropriate care.

“This worker has knowingly and willingly cheated the system and SIRA will always take the steps to protect the system from abuse by dishonest claimants.”

Originally published here.

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