16-06-2022-Brisbane

Date	16 June 2022
Charges	Charge 1 – s 533 – fraud Charge 2 – s 534(3) – false or misleading information in a document Charges 3, 4, 6, 7, 9 and 10 – s 534(2) – stating false or misleading information Charges 5 and 8 – s 136 – fail to notify of engagement in calling
Court	Brisbane Magistrates Court – Magistrate Elliot
Plea	Guilty to ten charges
Case	The worker defrauded the insurer by engaging in a calling in the same role as she claimed to be incapacitated for, failing to disclose her engagement in a calling and lying about her capacity for and participation in work during the claim period. She later engaged in a second calling in a different role and also failed to notify the insurer of that work. The worker provided false or misleading information by lying about her capacity for and engagement in work to the insurer and medical practitioners. As a result of her dishonesty, the insurer paid $79,565.42 in compensation to and on account of the worker.
Facts	The worker was employed as a plant operator when she alleged that she had suffered a neck and back injury. She lodged an application for compensation with the insurer, in which she declared that she would notify the insurer if she undertook any employment during her claim. She informed the insurer on multiple occasions that she was not working. She informed two orthopaedic surgeons engaged by the insurer that she was incapable of returning to her pre-injury role. Following the cessation of her statutory compensation claim, the worker signed and served a Notice of Claim for damages to the insurer, which revealed that she had in fact worked as a plant operator for a different employer prior to lodging her claim and for around six months of the claim period. Following that job, she engaged in a calling with a second undisclosed employer in a different field. She did not disclose either job during her claim and made false or misleading statements to the effect that she was not working and/or not able to return to her pre-injury role.
Penalty	Charge 1 – 18 months imprisonment to be released on parole after serving 3 months in custody Charges 2-4, 6-7, 9-10 – 3 months imprisonment Charges 5, 8 – Convicted, not further punished
Restitution	$79,565.42
Costs	$8,974.74
Common Law rights extinguished?	Yes
Conviction	Recorded
Consideration for Prevention	A worker must declare any engagement in a calling, whether paid or unpaid, self-employed or with an employer, within ten days of commencement to the insurer. A worker must be honest to the insurer and medical professionals about their restrictions and limitations in relation to capacity to work. Engaging in the same type of job a worker is certified incapacitated to perform is an aggravating feature.