The prosecution of a woman who went back to work after suffering a back injury, but kept claiming workers’ compensation benefits has prompted a WorkSafe call to do things the right way.

 

The Director of WorkSafe’s Return to Work Division, Dorothy Frost, said there was plenty of medical evidence which showed work was good for overall health and well-being.

 

“With the support of your employer who will have identified suitable duties, and your treatment team, great outcomes can be achieved as long as it’s medically safe,” she said.

 

“If you have the capacity to work you can declare it, still get treatment, benefits, and get back on the job. It need not be your former role and it can be on reduced hours, but it’s important to do it correctly.”

 

Ms Frost’s comments followed the prosecution last week of a woman who returned to work, but did not declare it and continued to obtain benefits and medical certificates which said she was unable to work.

 

Susan Dixon, 54, of Mornington was convicted of claiming $13,597 in benefits to which she was not entitled to, which she now has to repay.

 

Frankston Magistrate Rodney Crisp convicted and fined her $1,500 after Ms Dixon pleaded guilty to fraudulently obtaining payments under the Accident Compensation Act. She was also ordered to pay $1500 in court costs.

 

Magistrate Crisp was told Ms Dixon lodged a workers’ compensation claim for a lower back injury in April 2010, while working as a sales representative.

 

Surveillance in December that year showed she was working for a non-declared employer in a similar position.

 

She was observed driving when she claimed that was not possible and at monthly medical appointments did not advise her doctor that she’d returned to work for a different employer.

 

Based on the information provided by Ms Dixon, the doctor issued certificates stating Ms Dixon had no capacity to work.

 

In sentencing, Magistrate Crisp said it was hard enough for medical practitioners to make a correct diagnosis without having to decipher incorrect medical histories.

 

Ms Frost said most injured workers did the right thing in terms of their claim, but warned that there was a lot at stake with dishonesty offences.

 

“Apart from the fraud and having to repay the money relatively quickly, convictions are serious matters which can seriously limit work, financial and travel opportunities.The system is there to ensure people who are hurt at work get the support they are entitled to under the law. It is paid for by the community, so when it is undermined, everyone pays. Returning to work in the right way means many, perhaps, unforeseen consequences can be avoided, and importantly an individual’s quality of life is maximised.”