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17-03-2017-Brisbane

Date 17 March 2017
Charges Charge Two 534(2) – False or misleading statement

Charge One 534(3) – False or misleading information or document
Court Brisbane Magistrates Court
Plea Matter dealt with ex parte (in their absence)
Case For providing false and misleading information or documents
Facts

On 4 August 2015, the worker lodged an Application for Compensation with the insurer for psychological injuries she sustained over a period of time during her employment at a Motor Inn.

The claim was accepted in early September 2015 and benefits were paid for the period from 4 August 2015 to 19 January 2016.

The worker commenced a host employment program with another employer as part of her rehabilitation on 25 November 2015.

The worker submitted false timesheets to the insurer in relation to suitable duties she was performing at the host employer as part of her rehabilitation program. The evidence suggests that the worker doctored the timesheets after they had been signed by her supervisor and then submitted them to the insurer to make it appear that she attended on days that she did not attend. The insurer then relied on these false timesheets to calculate and pay benefits to the worker.

A complaint was filed on 17 February 2017 in the Brisbane Magistrates Court charging the worker with 2 separate offences under the WCRA. The charges included one charge of providing false and misleading information or document and one charge of providing false and misleading statement pursuant to section 534.

Penalty Fine $2,800.00
Restitution Nil
Costs $5,824.10 - Workers' Compensation Regulators Costs
Common Law rights extinguished? No
Conviction Recorded
Consideration for Prevention

A worker should not provide false and misleading information and or documents to an insurer.