Workers compensation fraudster convicted

31 October 2023

Clarinda Martin has been convicted for defrauding the NSW workers compensation scheme and sentenced to a Community Corrections Order for a period of 18 months.

She was also ordered to pay restitution in the amount of $10,497.35 and pay the prosecutor’s professional costs of $12,000.

SIRA prosecuted Ms Martin for one offence of obtaining financial advantage by deception/dishonesty under section 192E(1)(b) of the NSW Crimes Act 1900. The prosecution followed an investigation by SIRA which revealed that between 2 August 2018 and 15 May 2020 she had deprived the insurers of the opportunity to undertake an independent medical assessment as part of her claim. This resulted in her receiving workers compensation payments to which she was not entitled.

On 28 October 2022 Ms Martin entered plea of not guilty and the matter went to a defended hearing at the Downing Centre Local Court in June 2023 before Magistrate Whelan.

Ms Martin was found guilty of the charge and sentenced on 16 October 2023.

In sentencing, the Magistrate noted that as it could not be positively concluded that Ms Martin would not have been assessed as having full capacity to work, she may have had some entitlement to payments under her claim. This resulted in the order of $10,497.35 as restitution.

Ms Martin has the right to appeal the sentence.