A truck driver who continued to work while receiving compensation for a work-related injury has been ordered to pay back more than $200,000.
Brendan Joyce, 61, was sentenced in the Wonthaggi Magistrates’ Court on Tuesday 22 September after earlier pleading guilty to three charges of obtaining financial advantage by deception.
In addition to the restitution order, he was convicted and placed on a two-year Community Corrections Order with a condition to complete 300 hours of unpaid community work.
The court heard Joyce began receiving weekly compensation payments in September 2012 after lodging a claim for sciatica pain from an injury sustained while working as a transport manager.
Joyce returned to modified duties at the business between January 2013 and July 2014 and did not disclose a return to work after this date.
A WorkSafe investigation later found that Joyce gained employment as a truck driver with an excavation business from February 2018 until June 2020 where he worked up to five days per week, anywhere between two to 12 hours per day. His tasks included driving an excavation truck to job sites to get loaded with dirt and tip off to a new site or quarry.
Joyce continued to submit certificates declaring he had not worked and had no capacity to work, receiving $200,686 in weekly compensation payments during this time. Bank records revealed Joyce received a total of $175,316 from the employment whilst in receipt of weekly compensation payments.
WorkSafe Acting Executive Director Return to Work Victoria Brendan Rowbotham said the truck driver continually failed to disclose he had returned to employment in order to receive the weekly payments.
“Over more than two years, this worker deceived the system by completing dishonest declarations that he had not worked while receiving compensation payments,” Mr Rowbotham said.
“This fraudulent behaviour is completely unacceptable and a criminal offence which undermines the integrity of our workers compensation scheme.”
Source: WorkSafe Vic
