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Workers' compensation fraudster must return payments

A Victorian who continued to receive injury compensation despite working full time will be required to repay more than $121,622 following a WorkSafe investigation. 

Adrian Marion, 59, began receiving weekly payments after lodging a claim for a stress-related injury he suffered while working as a general manager of a fertiliser manufacturer in November 2020. 

WorkSafe says the payments were based on capacity certificates and timesheets provided by Mr Marion, which showed he worked four hours a week at a mulching company.

But the regulator's investigation uncovered that by December, the man had begun working full-time at the company before becoming a sub-contracted consultant in April 2021, submitting 29.5 hours of work monthly without informing WorkSafe.

The investigations also uncovered that Mr Marion had separately worked full-time as a manager at a protective coatings business between April and July 2021, which was not disclosed to WorkSafe.

WorkSafe says by the time the fraudster’s compensation payments were terminated in March last year, he received almost $100,000 but had only declared $10,500 in income.

Mr Marion pled guilty to a single charge of fraudulently obtaining payments at the Geelong Magistrates' Court on Tuesday.

The court placed the man on a 12-month Community Corrections Order requiring him to complete 75 hours of unpaid community work and ordered him to pay $26,622 in remaining restitution on top of $95,000, which had already been repaid.

WorkSafe Executive Director of Insurance Roger Arnold says there is “no excuse” for the fraudster’s actions. 

"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."