Two Rotorua cases have prompted a strong warning from ACC that people who defraud the system will pay the penalty. The corporation says people who try to defraud the system will be caught and prosecuted, regardless of the amount they have defrauded.
Yesterday two Rotorua people involved in
separate cases were sentenced in the Rotorua District Court for ACC fraud.
Kerry John McMillan received more than $33,000 to which he was not entitled and was sentenced to six months' jail by Judge Chris McGuire after pleading guilty to fraud.
Marrie Aroha Walmsley received more than $25,100 to which she was not entitled. She had also previously pleaded guilty and was sentenced to 200 hours' community service.
Both were found by ACC investigators to be working while claiming compensation, McMillan for back, neck and shoulder injuries and Walmsley for a wrist injury.
McMillan received weekly compensation for injuries suffered on February 12 2004 while he was employed as a truck driver. He also submitted six medical certificates to ACC declaring him unfit to work.
On February 19, he applied to ACC for weekly compensation, which was granted, and signed forms in March and July 2004 acknowledging his obligation to tell ACC if he returned to work, paid or unpaid, in any capacity or got any other income.
In September 2005, ACC investigators found he had applied for employment to Tradestaff Industrial and Employment Solutions, which employs and contracts people to clientele in need of labour. From August 2004, McMillan worked for eight companies, driving and doing manual labour.
He admitted knowing he had to tell ACC if he started earning. He said he had notified ACC by telephone, but that was not accepted by his case managers.
Between August 10 2004 and September 2005, McMillan received $33,601.26 to which he was not entitled.
Walmsley suffered an injury to her right wrist in July 1998 and in May 2004 her surgeon applied to ACC for funding for surgery. Walmsley applied for weekly payments and signed a form acknowledging she had to tell ACC if she returned to work or got any other income. Between 27 May 2004 and 22 November 2005 Walmsley submitted 13 certificates saying she was unable to resume work. However, she worked as a caregiver and a teacher aide.
%Her lawyer Bill Lawson said she was sorry and had learned her lesson.
Judge McGuire said that while it was likely anyone who defrauded ACC of more than $15,000 would go to jail, he accepted Walmsley's early guilty plea and genuine remorse. She had already paid $3000 and did not face charges under the Crimes Act.
Both McMillan and Walmsley were ordered to pay reparation.
ACC media adviser Laurie Edwards told the Daily Post anyone who tried to defraud ACC could expect to get caught. Most people who were caught were dobbed in by others.
"I think people have a sense of injustice," Mr Edwards said. "It's kind of like stealing from the sick, it's a bad thing to do."
Two Rotorua cases have prompted a strong warning from ACC that people who defraud the system will pay the penalty. The corporation says people who try to defraud the system will be caught and prosecuted, regardless of the amount they have defrauded.
Yesterday two Rotorua people involved in
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