|23 June 2022
|Brisbane Magistrates Court – Magistrate Costanzo
The worker defrauded the insurer by lying about his capacity to work during the claim period.
The worker failed to notify the insurer of engagement in a calling by not disclosing to the insurer that he had commenced other work.
The worker made false or misleading statements by lying to the insurer and medical providers about his capacity to work.
The worker attempted to defraud the insurer by lying about his capacity to work during his common law claim.
The worker provided a false or misleading document by providing a Statement of Claim in which he lied about his capacity for work.
The worker was working as a store person when he lodged a claim for compensation after sustaining a lower back injury. At the time of claim lodgement, the insurer told the worker he must notify the insurer if he engages in any work or self-employment. The worker denied doing any other paid work, which was not true as he was working at the time.
During the claim period, the worker told numerous medical providers that he was unable to work and had no capacity for work. This was false as he was working at the time.
The worker commenced a common law claim for damages and provided a Statement of Claim form during that process which confirmed he had not returned to paid employment. This was not true as he had returned to paid employment.
As a result of his dishonest conduct, the worker defrauded the insurer of $24,096.22 in compensation.
|Common Law rights extinguished?
|Consideration for Prevention
Workers must be honest about their capacity for work and tell the insurer if they engage in any work, paid or unpaid, self-employment or volunteering during their workers’ compensation claim.