|2 December 2022
Charge 1 – s 533/535 – fraud
|Brisbane Magistrates Court – Magistrate Ho
|Guilty to all 15 charges
The worker defrauded the insurer by failing to notify of his engagement in a calling with two different employers.
The worker stated false or misleading information by lying about his capacity for work and engagement in work to registered persons and the insurer.
The worker fell off a scooter on his way to his employment as a trainee restaurant manager. He lodged an application for compensation with the insurer, which was accepted. Later, a secondary psychological injury was accepted as part of the claim.
Throughout the claim period, the worker told the insurer that he had possible jobs lined up but they always fell through.
In fact, the worker had been employed as a delivery driver for two companies and did not disclose this work to the insurer.
The worker attended multiple consultation with doctors for psychiatric and orthopaedic assessments during the claim. He told every doctor he attended that he was not working or was unable to work.
The insurer received an anonymous tipoff that the worker was undertaking delivery driving work for up to 8-12 hours per day. Surveillance footage captured the worker undertaking delivery driving work and the records obtained from both employers revealed the worker was working on a regular basis.
The worker fraudulently received a total of $150,285.99 in compensation.
Charge 1 – 18 months imprisonment with immediate parole release
|Common Law rights extinguished?
|Consideration for Prevention
Workers must be honest about their engagement in a calling and must notify the insurer of their engagement within the required timeframe.