10-06-2021-Beaudesert

• Charge 1 – Section 533 Workers' Compensation and Rehabilitation Act 2003 (WCRA) – Fraud
• Charge 2 – Section 136 WCRA – Failure to notify of an engagement in a calling
• Charges 3 to 5 – Section 534 WCRA – making false or misleading statements

On 25 July 2018, the worker sustained an injury to their groin when the horse they were riding fell, landing on top of the worker’s groin/hip area while they were working as a track work rider.

A claim for compensation was made on 10 September 2018 and accepted on 17 September 2018.

On 28 March 2019, after the worker had undertaken approximately three months of host employment, with horse riding limited, the worker had a conversation with the employer. During this conversation, the worker told the insurer that they had not worked for the host employer for about a week due to personal business, they hadn’t been working and they had been to the track four times to look for work.

After information was received by the insurer that the worker was working, the insurer made further enquiries which confirmed that the worker had been undertaking work as a track work rider since 31 January 2019.

• 7 months imprisonment, wholly suspended for an operational period of 18 months on the fraud charge
• 2 months imprisonment, wholly suspended for an operational period of 18 months on each of the remaining charges.
• Terms to be served concurrently

A worker should be truthful to the insurer and medical practitioners about their engagement in work and their capacity to work.