Andrew O’Brien received a suspended sentence and a two-year good-behaviour bond for Return to Work SA fraud.
Source: News Corp Australia
A TRUCKIE has been labelled a “shyster and a fraudster’’ for trying to rip off Return to Work SA for tens of thousands of dollars in compensation payments for a dodgy back and physiological injury.
Magistrate Susan O’Connor was scathing in her comments about Andrew John O’Brien, before imposing a 10-month jail term, suspended on condition of a $500, two-year good behaviour bond.
O’Brien had already paid back $30,000 to Return to Work SA before he was found guilty of a number of offences — including making dishonest statements and obtaining benefits by dishonest means — in the Adelaide Magistrates Court.
Ms O’Connor said “the community would look with utter horror at this behaviour,” and O’Brien had “ripped off the community, big time”,
The magistrate said she had “zero sympathy” for O’Brien, who “preyed upon people whose job it is to help genuinely injured workers.”
O’Brien was employed as a truck driver before making a claim in March 2007 after tripping at work and injuring his back.
In January 2010, he made a further claim for a “psychological injury’’, which was also accepted.
By late 2010 his claim had reached 130 weeks and he was subjected to a work capacity assessment. He was found to be fit for work and that his compo payments would cease.
O’Brien disputed this decision and the Workers Compensation Tribunal said he should receive a lump sum for back payment and have his income maintenance reinstated.
But O’Brien was undone by an anonymous tip-off, which claimed he had been working for a line marking company.
An investigation by Return To Work SA discovered he was working full time as a labourer and driver and had previously worked for the same company while disputing his case before the tribunal.
There was another successful case for Return to Work SA on Monday when Paul Jerry Bartkow was convicted of making a false statement, given a $500, 12-month good behaviour bond and ordered to pay $2200 in prosecution and investigation costs.
In March 2012, he claimed compensation for an eye injury when diesel splashed in his eyes as he was refuelling vehicle.
General manager of Return To Work SA Michael Francis said the cases should be a wake-up call for anyone doing the wrong thing.
“It doesn’t matter if you’re an employer, service provider or worker — if you’re dishonestly taking advantage of the scheme, we’re going to find out and prosecute to the full extent of the law,” Mr Francis said.
Return To Work SA has 53 current fraud investigations, six cases before the courts and 10 cases with the crown solicitors awaiting legal advice.
Those prosecuted for WorkCover fraud can face up to a $50,000 fine or 12 months imprisonment for each offence.
Man who ripped off Return to Work SA for $30,000 escapes jail
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