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07-07-2017-Beenleigh

Date 7 July 2017
Charges

Charge 1 – Section 533 Workers' Compensation and Rehabilitation Act 2003 (Qld) (WCRA) – Attempted Fraud

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

Court Beenleigh Magistrates Court
Plea Guilty
Case The worker was charged for dishonestly describing the cause of his injury to a workers' compensation insurer.
Facts

The defendant worked as a Halal Slaughterer at JBS Australia, a business engaged in meat and other animal protein processing. The employer is a licenced self-insurer under the WCRA.

On or about 13th October 2016 the defendant made a claim for compensation with JBS Australia in respect of an injury to his ankle he alleged was sustained at around 1.45am on 7 October 2016 when he fell after stepping into a pot hole in the car park of the employer when he was leaving work after his shift. The defendant reported he had attended at the Logan Hospital in relation to his injury on the afternoon of 7 October 2016.

On or about 13th October 2016 the defendant attended on Dr Mohammed Hussain at Q Medical Marketplace in Waterford West, where he made statements to the effect that he had sustained his injury when he rolled his ankle on the way home from work on 7 October 2016.

Records obtained from the Logan Hospital and Queensland Ambulance Service indicated the defendant sustained his injury when he fell in the driveway of a residential property. The defendant withdrew his application when requested to provide a formal statement to external investigators engaged by the insurer to investigate the claim. Workers' Compensation payments were never made to the defendant.

As a result, the worker knowingly made dishonest representations to the insurer and registered persons during the claim.

Penalty $800 fine
Restitution Nil
Costs $4,202.60 – Workers Compensation Regulators Costs
Common Law rights extinguished? Yes
Conviction Not recorded
Consideration for Prevention

A worker should not provide false or misleading information/documents to claim for compensation to which they are not entitled.