Fraud under $5,000

March, 2006
The case

In March 2005, a worker (employed by a janitorial service) filed a Worker’s Report of Injury indicating an injury sustained to his left side by falling twice while stripping wax from the floor. The worker was diagnosed as having multiple rib fractures on his left side and older, partially healed rib fractures on the right side. Further inquires found the worker had been treated for right side rib injuries that allegedly occurred in February 2005. The worker later changed his story in relation to the date of the injury, indicating he had provided false information to the doctors, and on his Worker’s Report.

The worker’s date-of-accident employer informed the WCB-Alberta that the circumstances of his injury were suspicious, and informed the Board the worker was back to work at the store where he was supposedly originally injured, while collecting WCB-Alberta benefits. The WCB-Alberta also received information from his rehabilitation program provider that he had been seen by staff members engaged in an activity he denied being able to do. Furthermore, staff indicated the worker had allegedly tried to blame them for a back injury he sustained, which they insisted could not have happened at that location.

WCB-Alberta initiated an investigation and conducted surveillance, which observed the worker was working while collecting benefits. Benefits were terminated in June 2005, as a result of the investigation and receipt of medical information. In August 2005, the worker was charged with fraud over $5,000. The worker did not show up for his first court appearance in October 2005, resulting in a warrant being issued for his arrest.

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

At the end of March 2006, the worker pleaded guilty to the reduced charge of fraud under $5,000. He was sentenced to a conditional discharge with one year probation, a victim fine surcharge, and 100 hours of community service, along with a donation to a charitable organization. It’s about fairness.