15-07-2021-Maroochydore

• Charge 1 – Section 533/535 Workers’ Compensation and Rehabilitation Act 2003 (WCRA) – Fraud
• Charges 2-4 – Section 534(2) – Stating false or misleading information
• (Charge 2 withdrawn at sentence)

On 29 November 2019, the worker cut their index finger while away from the work site carrying out non-work-related activities. They attended on a general practitioner (GP) for treatment on the same day and were signed off work until 2 December 2019.

The worker returned to the same GP on 3 December 2019 and was provided with another medical certificate, with which they commenced a claim for compensation.

On 9 December 2019, the worker told a WorkCover customer service representative they had cut their finger at work while they was cleaning some glue off a tile and the knife slipped, cutting their finger. They said an apprentice was there at the time and they were on the roof of a worksite.

The worker's claim was accepted on 11 December 2019 and they were paid compensation backdated to 29 November 2019.

On 2 May 2020, the worker sent an email to another WorkCover staff member reiterating their claim that they was on the worksite and had cut their finger when a knife slipped cleaning a tile.

In fact, the worker was not at the worksite and was carrying out activities which were unrelated to work when they cut their finger. The apprentice provided a statement to the effect that the apprentice was not there for any injury and the worker had told them that they cut themself offsite and not to tell the owner.

• Charge 1 – Fraud – $2,000.00 fine
• Charge 2 – No evidence to offer
• Charges 3-4 – False or misleading statement – Convicted, not further punished

Workers must be honest about the circumstances in which they are injured. Even when actual pecuniary loss to the insurer is minimal, fraud has a flow on effect to everyone in the community, including costing other people jobs, and deterrence is of paramount importance.