An injured worker who failed to disclose his return to full-time employment will have to fully repay more than $121,622 in workers compensation.
Published:11 October 2023
Adrian Marion, 59, was sentenced in Geelong Magistrates' Court yesterday after pleading guilty to a single charge of fraudulently obtaining payments.
He was convicted, placed on a 12 month Community Corrections Order with 75 hours of unpaid community work, and ordered to pay $26,622 in remaining restitution.
The court heard in November 2020, Marion lodged a claim for a stress related injury while working as a general manager at a fertiliser manufacturer.
He commenced receiving weekly top-up payments on the basis of capacity certificates and time-sheets he submitted showing that he was working four hours a week at a nearby mulching company.
An investigation later found Marion had commenced full-time employment at the company in December 2020 before becoming a sub-contracted consultant in April 2021, submitting invoices recording up to 29.5 hours per month.
Marion also worked full-time as a manager at a protective coatings business in North Shore between April and July 2021.
By the time his weekly payments were terminated in March 2022, Marion had earned almost $100,000 but had declared income of just $10,500.
WorkSafe Executive Director Insurance Roger Arnold said there was no excuse for taking advantage of the workers compensation scheme for personal gain.
"Workers compensation is designed to assist injured workers until they can safely return to work," Mr Arnold said.
"It's simply not acceptable for someone to continue receiving payments when they are back at work receiving income, when there are many others who are not so fortunate and genuinely require support."