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12-07-2017-Southport

Date 12 July 2017
Charges

1 count of fraud (pursuant to s.533)
1 count of attempted fraud (pursuant to s.533)
7 counts of making false or misleading statements (pursuant to s. 534)

Court Southport Magistrates Court
Plea Plead guilty to one charge of making a false or misleading statement. No evidence was offered on the remaining charges.
Case For providing false and misleading information to an insurer.
Facts

On 6 December 2013, the worker allegedly sustained injuries to his lower back when he slipped on oil in a commercial kitchen during his employment with the employer.

On 4 April 2014, the worker lodged an Application for Compensation with the insurer in relation to the injury he allegedly sustained at work on 6 December 2013. The claim was accepted and benefits were paid for the period from 19 April 2014 to 13 December 2015.

On 21 December 2015, the worker lodged a Notice of Claim for Damages in relation to the injury he allegedly sustained at work on 6 December 2013.

During the common law process, lawyers acting for the insurer obtained medical records from various treatment providers. All of these records showed that the worker received treatment on 30 December 2013, 5 January 2014, 8 January 2014 and 20 January 2014 for a lower back injury he states he sustained as a result of a jet ski incident which occurred on or about 26 December 2013. The worker did not advise any of these treatment providers that he sustained an injury at work on 6 December 2013.

Further, the worker's Medicare History Statement showed that he did not receive any treatment for a lower back injury in the weeks following the alleged workplace incident on 6 December 2013.

At no time during the statutory claim or common law claim did the worker disclose that he received treatment for a lower back injury sustained as a result of a Jet Ski incident in late December. The worker made representations that his injury and subsequent inability to work was caused solely by the incident at work on 6 December 2013 and no other incident.
Penalty $3,780 fine
Restitution Nil
Costs $6,978.00
Common Law rights extinguished? No
Conviction Not recorded
Consideration for Prevention

A worker not make false or misleading statements in relation to his/her claim for compensation.