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Brisbane, 22 January 2015

Date

22 January 2015

Charges

One charge of fraud

Two charges of false or misleading information or documents

Plea

Guilty

Facts

The worker lodged a claim for a repetitive strain injury to his right hand allegedly sustained over the course of his employment. The insurer paid compensation to or on behalf of the worker.

The worker made representations to the effect that:

  1. He remained significantly incapacitated by the injury.
  2. He experienced difficulty lifting any objects of weight.
  3. He was following restrictions on his activity in accordance with medical certificates and his suitable duties program.
  4. He had difficulty lifting and rotating his hand.
  5. He had difficulty picking things up.
  6. He had difficulty with tasks which required tight grip or pressure and/or twisting movements of the wrist.

Surveillance footage taken of the worker depicted the worker doing a range of lifting and pushing/pulling activities that proved the representations were false as to his physical abilities and limitations as a result of the injury. The representations were made by the worker in support of his claim for compensation.

The total amount of compensation paid during the offence period was $3,792.35.

Penalty

$3,000.00 fine

Restitution

$3,792.35

Costs

Workers' Compensation Regulator costs - $10,000.00

Conviction

Not recorded

Consideration for Prevention A worker should be honest about his/her symptoms and capacity to work when speaking to the insurer and/or medical practitioners.