|Date||18 October 2019|
Charge One – Section 533 Workers' Compensation and Rehabilitation Act 2003 (Qld) (WCRA) – Fraud
|Court||Brisbane Magistrates Court|
|Case||The worker failed to disclose a similar injury that the worker sustained 2 days prior to the alleged workplace injury.|
The worker claimed workers' compensation for a right shoulder dislocation that they alleged occurred while moving a toolbox into a workshop. During the claim, the worker denied having sustained any previous similar injuries to the insurer and to various medical practitioners who treated and assessed them.
The workers' compensation claim continued for approximately 9 months over which time the worker continued to receive compensation for wages, had surgery on his shoulder and had other medical expenses paid for.
The insurer received a tip-off that the worker had in fact sustained a right shoulder dislocation while attending the races at the Doomben Racecourse 2 days prior to the claimed workplace injury. Ambulance records and an incident report substantiated this.
At no time did the worker disclose this incident to the insurer or any of the medical practitioners who treated and assessed the worker. The worker made express denials of ever having suffered a previous similar injury. The worker was charged with fraud on the basis.
The worker was sentenced to 18 months imprisonment wholly suspended for two and a half years for the fraud and nine months imprisonment (to be served concurrently) for each of the attempted fraud and false or misleading charges, also wholly suspended for two and a half years.
|Common Law rights extinguished?||Yes|
|Consideration for Prevention||A worker should be honest about how the injury occurred and disclose any previous injuries which could be relevant to the claim.|