|Date||16 October 2021|
Charge 1 – Section 533 Workers’ Compensation and Rehabilitation Act 2003 (WCRA) – Attempted Fraud
Charges 2 to 4 – Section 534 WCRA – making false or misleading statements
|Court||Brisbane Magistrates Court|
|Plea||Plea of Guilty|
|Case||The worker was charged with attempting to defraud the insurer by providing false or misleading information to medical practitioners regarding the extent of there injuries, ongoing incapacity and symptoms.|
On 28 September 2015, the worker submitted an application for compensation for injuries suffered to their head after they were punched in the course of their employment. The claim was accepted, and workers’ compensation benefits were paid from July 2015 to June 2018.
In January 2018, the worker served a Notice of Claim for damages on the insurer seeking damages in relation to the injury.
In March 2018, the worker attended both a Consultant Psychiatrist and an Ear, Nose and Throat Specialist on the same date. During these consultations the worker told these medical practitioners that they did not feel comfortable leaving the house, had fallen over in the street, walks with a walking stick, only drives locally. The worker further reported that they were unsteady and demonstrated that they had to stabilise on furniture throughout the consult.
In April 2018, the worker attended a consultation with a Neurologist. During this consultation, the worker reported the same symptoms.
Surveillance was undertaken of the worker which demonstrated the worker driving by themselves, walking with a normal gait and showing no signs of unsteadiness.
After reviewing the footage, all three medical practitioners opined that the worker had exaggerated their symptoms to them during their consultations.
6 months imprisonment, wholly suspended for an operational period of 2 years for the fraud charges
8 months imprisonment wholly suspended for 2 years for the false or misleading charges
To be served concurrently
|Common Law rights extinguished?||Yes|
|Consideration for Prevention|
A worker should provide an honest account of their ongoing incapacity and symptoms.