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Date 4 November 2016

Charge One – Section 533 Workers' Compensation and Rehabilitation Act 2003 (Qld) (WCRA) – Fraud
Charge Two – Section 136 – Worker must notify return to work or engagement in a calling (WITHDRAWN)
Charge Three – Six - Section 534(2) – False or misleading information or documents

Court Brisbane Magistrates Court
Plea Guilty
Case Engaging in a calling/Failure to notify of return to work

On 25 April 2013, the worker lodged a worker's compensation with the insurer for a psychological injury allegedly sustained on 25 January 2013 during the course of his employment as a truck driver.

The worker resigned from his employment with the employer on 17 May 2013.

The worker received worker's compensation benefits for the period 17 April 2013 to 24 October 2013 and 10 December 2013.

The insurer obtained information that indicated the worker had been employed as a truck driver whilst in receipt of worker's compensation benefits during the period 6 September 2013 to 24 October 2013.

A complaint was filed in the Brisbane Magistrates Court charging the worker with six separate offences under the WCRA. The charges included: one charge of fraud pursuant to section 533 (for engaging in a calling pursuant to 535), one charge of failing to notify the insurer of his engaging in a calling pursuant to section 136; and four charges of providing a false and misleading statement pursuant to section 534.
Penalty $4,000 fine
Restitution $12,059.90
Costs $8,079.84 – Workers Compensation Regulators Costs
Conviction Not Recorded
Consideration for Prevention

A worker should notify the insurer if they continue to work in their second job.

A worker should notify the insurer if they perform any activity giving rise to the receipt of remuneration or reward including self-employment or the performance of an occupation, trade, profession, or carrying on of a business, whether or not the person performing the activity received remuneration.

A worker should be honest about his/her symptoms and capacity to work when speaking to the insurer and/or medical practitioners.