10-06-2020-Toowoomba
| Date | 6 October 2020 |
|---|---|
| Charges | 2 charges pursuant to Section 533 Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCRA) – Fraud 6 charges pursuant to Section 534 WCRA – Providing false or misleading information or documents |
| Court | Toowoomba Magistrates Cour |
| Plea | Plea of Guilty |
| Case | The worker was charged with defrauding the insurer by providing falsified medical certificates to the insurer. |
| Facts | On 28 July 2016, the worker lodged an application for compensation for a psychological injury sustained in the course of their employment. Throughout the duration of the claim, the worker attended the same General Practitioner and was certified totally incapacitated for work. On four occasions, the worker provided workers’ compensation medical certifications, purportedly made by their General Practitioner, certifying the worker as totally incapacitated for work. Medical records indicate that the worker was not seen to by the General Practitioner on these dates and the General Practitioner did not issue these workers’ compensation medical certificates. On two further occasions, the worker provided medical certificates under the hand of another General Practitioner. One of these certificates certified the worker as having no capacity to work and the other certified that the worker was admitted to the emergency room. Medical records indicate that the worker was not seen to by this General Practitioner on these dates and that this General Practitioner did not issue these medical certificates. |
| Penalty | 9 months imprisonment, wholly suspended for an operational period of 2 years on each of the fraud charge 3 months imprisonment, wholly suspended for an operational period of 2 years on each of the providing false or misleading information charges Terms to be served concurrently. |
| Restitution | $25,219.20 |
| Costs | $4,012.72 |
| Common Law rights extinguished? | Yes |
| Conviction | Recorded |
| Consideration for Prevention | A worker should attend regular medical appointments with their General Practitioner, be truthful about their capacity and obtain medical certificates in line with their capacity. |