NSW resident Clarinda Martin has been convicted of defrauding the state’s workers’ compensation scheme and ordered to pay restitution of $10,487.35.

She was sentenced in the Downing Centre Local Court last month, where she was also ordered to pay the prosecutor’s professional costs of $12,000 and sentenced to an 18-month community corrections order.

The NSW State Insurance Regulatory Authority (SIRA) says it prosecuted Martin for one offence of obtaining financial advantage by deception/dishonesty under section 192E(1)(b) of the NSW Crimes Act 1900.

The prosecution followed an investigation by SIRA which revealed that between August 2018 and May 2020 she had deprived the insurers of the opportunity to undertake an independent medical assessment as part of her claim.

“This resulted in her receiving workers' compensation payments to which she was not entitled,” SIRA said.

Martin had entered a plea of not guilty last year and the matter went to a defended hearing at the Downing Centre Local Court in June, where she was found guilty of the charge and sentenced on October 16.

In sentencing, the Magistrate noted that as it could not be positively concluded that Martin would not have been assessed as having full capacity to work, she may have had some entitlement to payments under her claim. This resulted in the order of $10,497.35 as restitution.

Martin has the right to appeal the sentence.