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10-10-2019-Brisbane

Date 10 October 2019
Charges Charge One - Section 533 Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCRA) – Attempted Fraud
Court Brisbane Magistrates Court
Plea Guilty
Case Attempted fraud in relation to undisclosed employment in the common law claim
Facts

On 15 February 2016, the worker sustained an injury to their left hand in the course of their employment and subsequently made an application for workers’ compensation.

The worker received compensation from 15 February 2016 to 19 January 2017.

On 22 January 2017, the worker signed a Notice of Claim for Damages to commence a common law claim. In this document, the worker acknowledged their obligation to inform the insurer of any change in their circumstances, including any change in their employment status. Further, the worker made a declaration that they continued to experience ongoing restrictions on a daily basis as a result of the work-related injury and that their employment opportunities were limited due to ongoing pain and restrictions caused by the work-related injury.

The worker commenced employment from March 2017 to June 2017 on a three-month trial period. There was a verbal agreement with the employer that after this period there would be a prospect for full time employment.

In June 2017, the worker was not offered full time employment but was retained as a subcontractor for the employer from June 2017 to May 2018. During this period the worker undertook 50 to 66 hours per week (save a few occasions where the worker worked between 30 to 40 hours per week) at a rate of $35.00 per hour.

The worker’s employment was discovered when surveillance was undertaken, and the worker was seen operating a motor vehicle which had the employer’s promotional signage on it.

Penalty The worker was sentenced to 8 months, wholly suspended for two years.
Restitution N/A
Costs $9,091.10 - Workers Compensation Regulators Costs
Common Law rights extinguished? Yes
Conviction Recorded
Consideration for Prevention A worker should be honest about his/her employment status and be aware of their ongoing obligation to inform the insurer about a change in employment status.