|22 September 2020
2 charges pursuant to Section 533 Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCRA) –Fraud
1 charge pursuant to Section 136 WCRA – failure to notify of an engagement in a calling
12 charges pursuant to Section 534 WCRA – Providing false or misleading information or documents
|Brisbane Magistrates Court
|Plea of Guilty
|The worker was charged with defrauding the insurer by failing to notify of an engagement in a calling and providing false or misleading information in relation to their capacity to work, current work status and the extent of their injuries and symptoms.
On 2 June 2017, the worker lodged an application for compensation for an injury to their shoulder, cervical spine, head and a psychological injury sustained in the course of their employment.
The claim was accepted and the worker was paid benefits from 25 May 2017, the date of the injury, to 3 July 2018.
Throughout the duration of the claim, the worker attended multiple medical practitioners where they reported significant physical complaints and maintained that they were not working and could not undertake work.
Throughout the claim, the worker also told the insurer on multiple occasions that they could not and were not working.
On 8 November 2018, the worker lodged a Notice of Claim for damages. This noted that the worker had not worked since the injuries and noted that it would be difficult for them to return to work given their injuries.
Records obtained from a family of a child who has Autism indicated that the worker was undertaking support services for them throughout the entirety of their claim for compensation. The worker provided 5 night overnight support on two occasions and provided other support. The worker received approximately $30,000.00 in payments from this family for their support services.
6 months imprisonment, to be released on parole immediately on each of the fraud and attempted fraud charge.
Convicted, not further punished in relation to each of the remaining charges.
Terms to be served concurrently
|Common Law rights extinguished?
|Consideration for Prevention
|A worker should be honest to their medical practitioners and the insurer about their capacity to work.