28-09-2022 Townsville

Charge 1 – s 533/535 – Fraud
Charges 2 and 3 – s 136 – Fail to notify of engagement in calling
Charges 4-10 – s 534 – Stating false or misleading information

Worker engaged in the same occupation as their pre-injury role with two separate employers, failed to disclose it, and made false statements about the work to the insurer.

On 3 November 2017, the worker made a claim for compensation after injuring their back working as a truck driver.

On 25 September 2018, the worker began working as a truck driver for a different employer. During this period, they told the insurer on various occasions that they were unable to financially support themselves because they were out of work and they had been thinking about going back to work but not in their usual role of truck driving.

On 11 December 2018, the insurer came across an industry publication which contained an interview with the worker about their work as a truck driver. When the insurer contacted the worker, they falsely told the insurer that it was an old interview about when they were working and restated that they were not currently working.

The insurer contacted the employer referred to in the publication on 17 December 2018, who told the insurer the worker did not currently work for them. On the same day, the worker again told the insurer he did not work for this employer. The employer confirmed this in a second conversation on the same day.

The following day, the employer contacted the insurer and said they had not been aware he was speaking with the insurer. The employer stated that the worker had told them not to disclose his employment  and lied about who was contacting them. The employer confirmed the worker did in fact work there.

Investigations undertaken by Workers’ Compensation Regulatory Services discovered that the worker had also been employed by a second undisclosed employer between 13 June 2018 and 29 July 2018.

Charge 1 – 18 months imprisonment with parole eligibility after 6 months
Charges 2 & 3 – convicted, not further punished
Charges 4-10 – 6 months imprisonment

A worker must disclose any work undertaken during their claim and not make any false or misleading statements about their ability to work and/or earn wages.