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03-11-2017-Beenleigh

Date 03 November 2017
Charges Charge 1 – Section 533 Workers' Compensation and Rehabilitation Act 2003 (Qld) (WCRA) – Fraud

Charge 2 – Section 534(2) WCRA – False or misleading information or document

Charge 3 – Section 534(2) WCRA – False or misleading information or document

Charge 4 – Section 534(2) WCRA – False or misleading information or document

Charge 5 – Section 534(2) WCRA – False or misleading information or document

Charge 6 – Section 534(2) WCRA – False or misleading information or document

Charge 7 – Section 534(2) WCRA – False or misleading information or document

Court Beenleigh Magistrates Court
Plea Sentenced ex parte
Case The worker was charged for exaggerating their injury in order to continue receiving compensation to which the worker was no longer entitled.
Facts The worker submitted an application for compensation with the insurer for a right shoulder injury the worker sustained when the worker hit their shoulder on a shower door while assisting a resident in the shower. The insurer accepted the claim and paid the worker weekly benefits and medical expenses.

During medical examinations, the worker exhibited an abnormal degree of pain and limited range of movement in the injured shoulder despite no obvious physical injury being detected in scans. The insurer engaged convert surveillance officers who filmed the worker driving and undertaking daily activities without any discomfort or restriction. An independent medical specialist, who had previously examined the worker, reviewed the surveillance footage and considered that the worker was exaggerating their symptoms.

The worker's general practitioner and treating specialist later reviewed the surveillance footage and considered that the worker was malingering.

A complaint was filed in the Beenleigh Magistrates Court charging the worker with seven offences under the WCRA. The charges included one charge of fraud pursuant to section 533 and six charges of providing false and misleading information pursuant to section 534 of the WCRA.

Penalty $1,000.00 fine
Restitution$4,000.00
CostsNil
Common Law rights extinguished? Yes
Conviction Not recorded
Consideration for PreventionA worker should not exaggerate their symptoms in order to prolong their workers' compensation claim and obtain further benefits to which they are no longer entitled.