Providing false or misleading information to
WCB-Alberta

March, 2006
The case

The worker reported injuring both knees in early June 2005 from jumping up and down from fences, while avoiding cattle he was herding on behalf of his employer. In spite of medical treatment, his knee problems continued causing him to complain of pain, and an inability to stand, walk or climb stairs. He was provided with modified duties, but was laid off these duties in late June 2005. He claimed to be incapable of any type of work, and that he re-injured himself and had to use crutches to walk.

Surveillance was conducted by the date-of-accident employer who, in turn, provided WCB-Alberta with the results. The surveillance showed the worker had no difficulty with mobility on the same day he told his employer he could not perform light duties and had to use crutches again.

In July 2005, the worker told WCB-Alberta he was performing light duties for an auto body shop. As a result of this information, his benefits were discontinued. Investigation showed that the worker had begun formally working at the auto body shop in late June 2005. He collected disability benefits from late June until early July, when his benefits were terminated.

What makes this fraud?

The worker was knowingly working while receiving benefits, misrepresenting / exaggerating his injury, and making false / misleading statements to WCB-Alberta.

The consequences

In March 2006, the worker pleaded guilty to the charge of breaching Section 152(1) of the Workers’ Compensation Act. He was sentenced to a $500 fine, due to be paid by the end of June 2006, and ordered to make restitution to WCB-Alberta in the amount of $784.17, to be paid immediately. It’s about fairness.