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03-11-2016-Brisbane

Date 3 November 2016
Charges One charge of fraud and one charge of providing a document containing false or misleading information
Court Brisbane Magistrates Court
Plea Guilty
Facts

The worker lodged a claim for compensation with WorkCover Queensland (the insurer) for a right ankle injury which he sustained on 7 August 2014 whilst he was working as a car detailer for the employer. The claim was accepted on 18 August 2014, with compensation paid from 7 August 2014 until the claim was ceased on 19 December 2014.

Surveillance was undertaken and showed the worker attending a gym and exercising without restriction. The worker's gym records were obtained which showed an extensive attendance history since the date of injury.

The insurer asked the worker if he had attended a gym since the date of injury and, if so, the details of that gym. The worker advised that he had not attended any gym and provided details of a gym he used to attend (which was a different gym to the gym the worker is seen attending in the surveillance footage).

The surveillance and gym records were forwarded to the treating medical practitioners who both stated that, based on the footage, the worker was fit to return to normal hours and normal duties at work.

The worker attended at an independent medical examination in October 2014. The surveillance and gym records were then sent to him for comment. After viewing the footage, the doctor advised that he was of the view the worker had "lied to him repeatedly" and "obviously had the capacity to work".

Penalty $3,100 fine
Restitution $3,719.26
Costs $9,552.60
Conviction Not Recorded
Consideration for Prevention

A worker should be honest about his/her injuries, symptoms, restrictions and capabilities.

It is an offence for a worker to provide any false statements the insurer.