MPI fraudster assessed fine

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This article was published 01/02/2022 (1187 days ago), so information in it may no longer be current.

A man caught defrauding Manitoba Public Insurance will spend the next 18 months paying a fine a fraction of what he gamed out of the system in addition to paying back the amount he defrauded.

Austin Lubyk was charged with providing false or misleading information and defrauding the public insurer out of over $11,000.

The charge resulted from false claims of his ability to use various parts of his body as well as lift over five pounds of weight for the purposes of work after being involved in two separate highway accidents.

The 31-year-old man applied for disability benefits after colliding with a deer on Highway 12 in May 2018.

MPI awarded him benefits because of soft tissue injuries to his lower back, hips and left shoulder for the accident, leaving him unable to work as a drywaller. He received compensation for income replacement benefits, personal care assistance, treatment and medical expenses.

Only one month later the accused hit another deer in the same area, allegedly aggravating the existing injuries and applied to prolong his benefits.

After the claims the insurer followed Lubyk between July and October to investigate the matter and confirm his claims of injury.

“He had embellished the level of functionality to both MPI and his medical providers,” Crown attorney Inderjit Singh told court via telephone for the virtual disposition.

Over a total of 11 days of close inspection investigators witnessed the accused performing acts he said he wasn’t able to including lifting boxes over his head at a hardware store and opening doors with hands he reported he wasn’t able to use in his loss of function form, a series of questions required of applicants to answer when needing injury compensation.

On August 14, 2018 Lubyk met with an occupational therapist and displayed “significant issues” using his left hand despite investigations revealing he had full use of the appendages.

“He’s maintaining the façade,” Singh said.

All in all, Lubyk received $11,734 in compensation for what prosecutors called a “significant” amount of money defrauded from the government.

Defense lawyer Adam Pinx argued MPI’s treatment of Lubyk during the time wasn’t fair.

“Somebody who has a limited education…he felt that oftentimes words were used that he didn’t necessarily understand, forms were used that he didn’t fully comprehend,” Pinx submitted to Judge Larry Allen. Pinx submitted his client dropped out of grade school early because of his upbringing in a “tumultuous” household.

Lubyk is in the process of paying restitution to the crown corporation in the amount of $50 per month due to his financial circumstances. Allen took those factors into account when making his decision but recognized the need for denunciation in the case.

“It’ll be years,” the judge said of the time it would take to repay the five-figure sum owed to MPI.

Lubyk declined to speak to his matter over the phone during proceedings.