|Date||12 November 2019|
1 charge pursuant to Section 136 Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCRA) – Failure to notify of an engagement in a calling
5 charges pursuant to Section 534 WCRA – Providing false or misleading information or statements
|Court||Southport Magistrates Court|
|Plea||Plea of Guilty|
|Case||The worker was sentenced in relation to failing to notify the insurer of an engagement in a calling and providing false or misleading information or statements.|
The worker was employed as a croupier at a Casino and made a claim for workers’ compensation on 14 October 2016 for a strain to their back that was sustained on 25 September 2016 while dealing Baccarat.
The claim was accepted on 7 November 2016 and the worker began receiving compensation for the period beginning 8 November 2016. Payments continued throughout 2017 until compensation ceased on 5 June 2018.
During the 18-month period where compensation was paid, the worker produced workers’ compensation medical certificates, mostly certifying them as fit for suitable duties, but there were several days where they were certified as having no capacity for any work at all. The worker’s suitable duties plans limited their hours of dealing and the use of their shoulder.
The offending was detected when the insurer received information that the worker had been employed as a contractor for another Casino during the time they were receiving compensation payments. No employment was disclosed to the insurer during the period of the claim outside of the suitable duties that the worker was completing.
The worker also made several false or misleading statements regarding their capacity for dealing cards, when in fact they had been doing so for another company.
|Common Law rights extinguished?||No|
|Consideration for Prevention||A worker should notify the insurer of any engagement in a calling.|