18-01-2019-Brisbane

2x charges pursuant to Section 533 Workers' Compensation and Rehabilitation Act 2003 (Qld) (WCRA) – Fraud and Attempted Fraud

1x charge pursuant to Section 136 WCRA – Failure to notify of an engagement in a calling

9x charges pursuant to Section 534(2) WCRA – false or misleading statements

The worker made a workers' compensation claim for a psychological injury they sustained as a result of an incident that occurred while they were working as a truck driver.

Throughout the claim, the worker made statements to various doctors and to the insurer to the effect that they were unable to work but spent much of their time “tinkering” with ride on mowers and mowing their own lawns. The worker variously described this as a “hobby” and “voluntary work”.

When the statutory claim ended, the worker filed a Notice of Claim (NOC) for damages. In that NOC, the worker did not disclose their earnings from their lawn mowing and repairs business and when asked whether they were undertaking any paid or unpaid work with any employer, or on a self-employed basis, they answered 'no'.

The worker subsequently provided a Statutory Declaration as an addendum to the NOC that stated that the worker was “pretty handy” with small motors and had offered to help a few friends and neighbours with mower repairs. The worker stated that they did this mostly free of charge or for a carton of beer. The worker estimated that they had received about $100 in total for mower repairs since being injured.

The worker also made false statements to the two doctors who assessed them for the purposes of permanent impairment assessment reports in relation to the common law claim.

The worker's bank statements revealed large amounts of unexplained and undisclosed income in excess of $40,000. Enquiries with people who credited the worker's account during the relevant period confirmed that the worker was either mowing their lawns or making repairs to their mower.