Samel Lomman dodges immediate jail for falsely claiming $17K in workers compensation

A CFS volunteer injured while working as a security guard falsely claimed thousands of dollars in workers compensation payments, narrowly dodging jail.

A CFS volunteer has dodged immediate jail after scamming more than $17,000 in workers compensation while working as a farm hand – in some weeks “more than full-time” – despite claiming he was incapable of working.

In a judgment handed down by the South Australian Employment Tribunal, Samuel Lomman was found to have dishonestly claimed $17,641.44 in workers compensation payments over 10 weeks between October and December in 2019.

Tribunal deputy president Magistrate Stuart Cole said Lomman’s “outstandingly foolish” offending should be penalised with a jail term.

He said Lomman, a trained butcher, was injured while working as a security guard on March 30, 2019, which required surgery that resulted in complications.

Lomman initially “properly claimed” compensation but subsequently submitted false claims and obtained money dishonestly.

In his judgment, Mr Cole explained the 10 payments were obtained dishonestly because Lomman had “submitted medical certificates certifying total incapacity for work accompanied by statements that he had not been working for the relevant periods”.

CFS volunteer Samuel Lomman was injured while working as a security guard and falsely claimed thousands of dollars in workers compensation payments. Picture: iStock

“In fact, the defendant had the capacity for work and had been in paid employment for those relevant periods,” Mr Cole said.

Lomman also told a rehabilitation consultant that he had not worked when he had been working. In April 2020, he also submitted a declaration stating he had not earned income for a period in March 2020, when he was in fact working.

“The applicant was working full-time, and in some weeks more than full-time, as a farm labourer, and it was likely he would be able to continue with that,” Mr Cole said.

“Detecting fraud in relation to compensation schemes is difficult and challenging, and penalties must be set to be a deterrent to others who may be minded to behave in a like manner,” Mr Cole said.

Lomman pleaded guilty to 12 charges under the Return to Work Act.

After a discount for his pleas, Mr Cole imposed a 109-day jail term which was suspended on condition of a 12-month good behaviour bond. He said Lomman had a lack of prior offending, a 20-year history as a CFS volunteer, was contrite and did not proffer excuses for the offending.

Lomman was ordered to pay more than $28,000, including repaying the dishonestly received payments, courts and investigation costs and a victims of crime levy.

ReturnToWorkSA Executive Leader Regulation James Large said the authority took fraud seriously and would “vigorously pursue” suspicious activity cases and improper claims.

“When individuals or businesses try to rort the system, it increases the costs for all employers and takes money away from providing services to people who have been injured at work,” he said.

Originally published as Samel Lomman dodges immediate jail for falsely claiming $17K in workers compensation