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 Cancer faked in bid for sick day 

Cancer faked in bid for sick day

09 Oct, 2008 06:53 AM
A Commonwealth public servant's habit of forging doctors' certificates to take days off work was only discovered by his bosses after he went too far and faked having lung cancer.

The ACT Magistrates Court heard yesterday that the Department of Education and Workplace Relations became suspicious of its employee Ben Lyons in September 2006 when a concerned colleague tried to visit the 26-year-old's bedside, only to find that no hospital in Canberra had heard of the man.

The court ordered Lyons to refund more than $3000 in sickness benefits he was paid by the department and he was convicted of three counts of falsely obtaining financial advantage by supplying forged doctors' certificates.

Magistrate Maria Doogan told Lyons that his workplace scam showed a ''high level of criminality''. She ordered him to serve a two-year good-behaviour bond and fined him $900 on top of the wages he must repay.

She said the criminal convictions should serve as a warning to other workers thinking of trying to hoodwink their bosses with fake documents.

The fake doctors' notes were supplied to the department by Lyons between June and September 2006, to cover three bouts of ''illness'', each lasting about one week.

Lyons' bosses became suspicious when his director, Cath Winter, concerned for her colleague's welfare, went to visit him in Canberra Hospital in September after being told that Lyons was having surgery for lung cancer, a claim supported by a fake letter from the head of the hospital's oncology unit.

When Ms Winter could not find her colleague at Canberra Hospital, she thought she might be at the wrong place and tried Calvary, Calvary John James and the National Capital Private hospitals but was told none of them had any record of Lyons as a patient.

The three medical certificates produced by Lyons were found to be forgeries, ''signed'' by doctors at the Lanyon Medical Practice, a clinic that Lyons had never attended.

Magistrate Maria Doogan said yesterday that she was disturbed by the high quality of the forgeries.

''It's a bit disturbing because they look legitimate, they look like real certificates,'' Ms Doogan said.

Lyons told the court through his lawyer Michael Toole that he regretted the episode and that after he was sacked by the department for the fraud, his partner and two children had left him because they ''didn't want to be associated with him any more''.

Mr Toole said the offending by Lyons, now 28, was born of desperation to avoid contact with his supervisor at the department with whom he had a poor relationship and this had ''caused some issues and some stress''.

But Ms Doogan said there was a need to protect employers from similar fraud taking place.

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Date: Newest first | Oldest first
He lied and got caught out. Where is the problem?
Posted by Average Worker, 10/10/2008 10:00:12 PM
I actually know this guy, he turned 28 this year and spent his birthday at court, bravo Ben. It's funny how the media will spin words into whatever context they want. It's also funny how "Would it have been worse if he had cancer?" got turned into 'Man fakes cancer for sickie'. Good job media-spinners.
Posted by David of Canberra, 10/10/2008 10:25:07 AM
Damned easy to condemn the bloke. But we are unlikely to find out what really happened. Courts of law generally merely resolve conflicts. They very rarely get at the underlying truth.
Posted by Simon, 10/10/2008 6:58:24 AM
He could have at least said that his dog ate the real certificates
Posted by Dixyland, 9/10/2008 10:21:55 PM
Get a grip, the guys a FRAUD - this type of rubbish is way too common. I dismissed someone for FLEX fraud at the department concerned. If the boss is a bully, then leave, don't become a criminal.
Posted by G, 9/10/2008 2:14:58 PM
OK - he went too far and he's copped the legal penalties but noone deserves to suffer the breakdown of family relations. If only families could be fixed as easily as finances.
Posted by bo, 9/10/2008 1:19:03 PM
Fraud is Fraud ...and this guy does deserve to be convicted for commiting it ........BUT THERE IS ANOTHER SIDE TO THIS ....He says his wife and child have left him .....is it not in sickness and in health. It sounds like he is sorry and I am sure he would want to address his problem...and if you think about it this guy must have a problem, nobody without one would do something like that.........so although due course was performed in the criminality of this matter, I also think this man does need some help and he has been abandonded by the people that had the best chance of helping him his wife and child........sad story !!!
Posted by NIKtheGREEK, 9/10/2008 11:07:59 AM
Perhaps he should have claimed to be undergoing a lobotomy.
Posted by grey matters, 9/10/2008 10:49:00 AM
If it was due to poor relationship with supervisor, he could have applied for transfers or if bullying was the case he could have lodged a Comcare claim. Sounds like a feeble excuse so sorry fraud is fraud and that's despicable behaviour.
Posted by Felix, 9/10/2008 10:28:27 AM
He should appeal to the Supreme Court - every likelihood the learned Judges there will reverse the decision and award him compensation
Posted by Oh my hat, 9/10/2008 10:21:35 AM
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