‘Injured worker’ to pay $114k in restitution, complete community service

A painter turned truck driver was ordered to pay hundreds of thousands in restitution payments and serve 15 months of community work, after submitting inaccurate medical certificates.

On Tuesday, 18 November, a 56-year-old man from Wheelers Hill was convicted at Ringwood Magistrates Court after he pleaded guilty to one charge of fraudulently obtaining payments.

The Magistrates Court ruled that he was to perform 175 hours of unpaid community work over 15 months, under a community correction order, in addition to making a restitution payment of $114,262.

The court heard that the man had submitted an injury claim for a lower back injury and began receiving weekly payments in September 2020.

Based on an investigation, he commenced employment as a painter while receiving these payments in May 2021.

In March 2024, the compensation payments were terminated on the grounds of fraud, following surveillance that saw him doing paint work for two separate Melbourne businesses.

Despite being employed by more than one business while on these payments, the man submitted medical certificates that rendered him unfit for work, denying that he was engaged in any employment.

During this time, the man attended seven independent medical examinations and visits to three occupational rehabilitation providers, whereupon all visits failed to report that he had returned to work.

Alicia Colley, executive director of integrity, risk, and resilience at WorkSafe Victoria, said that false declarations about the extent of injury to receive compensation payments is a serious crime, “particularly when the fraud is ongoing for several years”.

She added that these actions impact injured workers who depend on the compensation scheme. WorkSafe Victoria said that it will not tolerate any exploitation of its compensation system and will ensure that it “is not being abused for personal gain”.