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22-09-2020 Brisbane

Date 22 September 2020
Charges

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

Court Brisbane Magistrates Court
Plea Plea of Guilty
CaseThe 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.
Facts

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.

Penalty

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

Restitution $69,508.74
Costs $7,428.35
Common Law rights extinguished? Yes
Conviction Recorded
Consideration for Prevention A worker should be honest to their medical practitioners and the insurer about their capacity to work.