|01 March 2021
Charge 1 – Section 533 Workers’ Compensation and Rehabilitation Act 2003 (WCRA) – providing false or misleading information
|Brisbane Magistrates Court
|Plea of Guilty
|The worker was charged with defrauding the insurer by exaggerating their symptoms and capacity for the purpose of obtaining workers’ compensation benefits.
The worker submitted an application for compensation with the insurer for a left shoulder injury sustained on 6 April 2015. On 30 May 2016, the worker signed a Notice of Claim for damages in relation to this injury. On 4 July 2017, the worker was examined and assessed by an Orthopaedic Surgeon. During this consultation, the defendant told the surgeon that they had mostly a constant dull ache which varies with movement and activity with their arm, and they were unable to comfortably use the elbow above shoulder height or reach behind their back. They also said that they had not returned to any of their recreational activities, which included boating and fishing. Surveillance was conducted of the worker on 22 and 23 July 2017. The surveillance footage captured shows the worker:
|Common Law rights extinguished?
|Consideration for Prevention
A worker should be truthful to the insurer and medical practitioners about the extent of their capacity and ongoing symptoms.