|Date||11 October 2022|
Charge 1 – s 533 – attempted fraud
|Court||Caloundra Magistrates Court|
|Complaint filed date||8 March 2022|
|Plea||Guilty to one charge|
The worker attempted to defraud the insurer by failing to disclose relevant pre-existing medical history and lying about their capacity for work.
The worker was working as a nurse when they were allegedly assaulted in a patient’s home. The worker lodged an application for compensation with the insurer claiming they sustained a psychological injury because of the incident. In that documentation, they advised that they had no relevant pre-existing medical history. The worker also informed the insurer that they were not working. They informed a psychologist engaged by the insurer that they had no relevant pre-existing medical history and that they only worked after a medical certificate had expired.
Later investigations showed that the worker had relevant and recent pre-existing psychological health conditions, for which they were medicated at the time of the incident. Investigations also showed that the worker had continued to work via employment agencies immediately after the incident and during the claim determination process.
Charge 1 – $1000 fine
|Restitution||$NIL – attempted fraud only|
|Common Law rights extinguished?||Yes|
|Consideration for Prevention|
Workers must be honest about their pre-existing medical history and their capacity for work.